KUALA LUMPUR: Rosmah Mansor is contending that the 17 money laundering and tax evasion charges framed by the prosecution against her overlap one another.
The wife of former prime minister Najib Razak said her fundamental constitutional right to a fair trial will be breached if the prosecution proceeds on those charges.
“The charges are vague, ambiguous and confusing as it combines an offence of money laundering with an offence under the Income Tax Act (ITA),” Rosmah said in an affidavit filed two weeks ago.
The filing was made in response to an affidavit affirmed by deputy public prosecutor Poh Yih Tinn on Sept 20 which claimed that all charges were within the parameters of the law.
In the affidavit filed by solicitors Reza Rahim & Rajivan and sighted by FMT, Rosmah claimed the charges were “incompetent”, as a failure to submit an annual income statement to the director-general of the Inland Revenue (LHDN) “could not attract the offence of money laundering”.
She further said the Malaysian Anti-Corruption Commission (MACC) had acted ultra vires its powers as it had no authority to carry out investigations for alleged offences under the ITA.
“MACC has usurped powers which are within the jurisdiction of the LHDN.
“This is therefore, a clear case of abuse of power and consequently, the charges against me are mala fide,” Rosmah said in the affidavit.
She also claimed not to have been given due process in accordance with the provisions of the ITA, which she said was a denial of her statutory rights.
As a result, Rosmah said the charges violate her right to personal liberty and equal protection of the law as enshrined in the Federal Constitution, and must be struck out by the court.
On Sept 6, Rosmah, 71, filed an application in the High Court to annul all 17 charges she is facing on grounds that they are baseless, defective and do not disclose any offence.
She was charged with the offences on Oct 4, 2018.
She 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.
Oral submissions by the prosecution and defence teams will be made before Justice K Muniandy on Dec 13.