Prosecution asks Court of Appeal to set aside Rosmah’s acquittal

Prosecution asks Court of Appeal to set aside Rosmah’s acquittal

The notice of appeal was filed at the High Court registry this afternoon.

rosmah
On Wednesday, Rosmah Mansor was acquitted by the High Court of 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the Inland Revenue Board. (Bernama pic)
KUALA LUMPUR:
The prosecution has filed an appeal to the Court of Appeal seeking to reverse Rosmah Mansor’s acquittal from 17 money laundering and tax evasion charges without a trial.

The notice of appeal was filed at the High Court registry here this afternoon, well ahead of a 14-day deadline.

Deputy public prosecutor Ahmad Akram Gharib confirmed the filing when contacted by FMT.

The High Court registry will now be required to prepare the appeal records, which must include a written judgment issued by the judge.

The prosecution will then submit a petition of appeal to state where the judge erred in law and on the facts.

On Wednesday, High Court judge K Muniandy ruled that the charges brought against Rosmah, wife of former prime minister Najib Razak, were illegal and flawed as they did not comply with provisions in the Criminal Procedure Code.

“The charges amounted to duplicity and multiplicity. Furthermore, they did not disclose any offence,” he said.

Muniandy said the money laundering charges were defective as they only revealed that Rosmah had deposited money into her account at Affin Bank Bhd.

“Merely depositing money is not tantamount to indulging in unlawful activities and committing money laundering offences,” he said.

He also said the five tax evasion charges brought under the Income Tax Act 1967 were premature as Rosmah’s appeal on the tax assessment was still pending before the Special Commissioners of Income Tax.

“They must first determine the amount of tax she should pay to the Inland Revenue Board and, if dissatisfied, she also has the avenue of judicial review,” he said.

Rosmah, 73, was standing trial on 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the Inland Revenue Board.

She was accused of committing the offences between Dec 4, 2013 and June 8, 2017, and was charged on Oct 4, 2018.

The trial began on Aug 24 last year with two prosecution witnesses taking the stand. It stalled two weeks later after Rosmah filed her striking-out application on Sept 6.

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