KUALA LUMPUR: Rosmah Mansor has filed an application in the High Court to strike out the 17 money laundering and tax evasion charges brought against her.
The wife of former prime minister Najib Razak said the charges were defective and that she should be acquitted and discharged.
Lawyer Rajivan Nambiar said the application was filed yesterday. Copies of the cause papers have been served on the prosecution.
Deputy public prosecutor Poh Yih Tinn confirmed the matter.
During case management today, Justice K Muniandy fixed Dec 13 to hear the application.
In an affidavit in support of the application, Rosmah said she had been advised by her lawyers that the 17 charges against her are baseless, defective and do not disclose any offence.
She was charged with the offences on Oct 4, 2018, but the trial began on Aug 24 before Muniandy.
Rosmah said she was charged on the allegation that she did not file her income tax returns as required under the Income Tax Act 1967 and as such committed offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla).
“There was no order or demand from the Inland Revenue Board (LHDN) and I did not violate Amla,” she said.
Rosmah added that the Special Commissioners of Income Tax must first determine the amount of tax she should pay LHDN.
She said she had the constitutional right to be treated equally and to submit appeals to the special commissioners on any tax assessment made by LHDN.
Rosmah is standing trial on 12 money laundering charges involving RM7.09 million and five charges of failure to declare her income to LHDN.
She is accused of committing the offences between Dec 4, 2013 and June 8, 2017.
So far, two prosecution witnesses have testified in the trial.
On May 3, Rosmah also sent representations to the attorney-general’s chambers to drop the charges, but prosecutors have yet to make a decision.