
Judge Norhayati Mohamad Yunus said the prosecution failed to prove a prima facie case against Sua Lai Kim, who was represented by Jagjit Singh Bant Singh and Shamesh Jeevaretnam.
Jagjit, in his submission to the court, said the prosecution failed to prove that a Section 49 notice was served on his client.
Last October, Sua claimed trial to a charge of not complying with a written notice by a deputy public prosecutor to declare all sources of income and properties she owned from Jan 1 to April 30, 2015.
She was charged under Section 49 (i) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
She was said to have failed to furnish a list of properties, assets, shares of companies and businesses within one month to DPP Anselm Charles Fernandis, now a judicial commissioner in the Ipoh High Court.
Anyone found guilty under that law could be fined a maximum RM3 million and jailed up to five years.
Sua, 41, is the widow of Law Yong Chow, 43, whose charred remains were found in Lumut, Perak, on Jan 17, 2015.
Law, who had an interest in a mining business, was abducted from a foot reflexology centre near his home in Berapit in Butterworth three days prior to being found dead.
The kidnap and murder remained unsolved.
Instead, Sua was asked to furnish a list of properties, assets, shares of companies and businesses within one month to Anselm.
A relieved Sua, a mother of four, thanked Norhayati for giving her a fair trial.
Jagjit, a former government lawyer and Sessions Court judge, said the law under which his client was charged was a dangerous piece of legislation against spouses, especially women.
He said when a DPP served the Section 49 notice, the person concerned was required to comply and furnish the information on all movable and immovable properties within a stipulated time.
“Very often the spouse, especially a housewife, will not know the properties, the businesses and the sources of funding of the deceased husband,” he said.
He said women non-governmental organisations should take this matter up with the attorney-general Apandi Ali.
“This law was passed under a previous AG and Apandi, being a former legal and judicial service officer, a lawyer and a judge of the Federal Court will appreciate these concerns,” he said.
Jagjit said the matter should not be left to the discretion of the deputy public prosecutors as they could become overzealous to secure a conviction.
“It is important that the law on Section 49 be reformed to protect the rights of women,” he added.