High Court fixes Dec 13 to hear Rosmah’s application to strike out 17 charges

KUALA LUMPUR: The High Court here has set Dec 13 to hear Datin Seri Rosmah Mansor’s application to strike out all 17 graft charges she is currently on trial for.

This comes after the court heard during case management on Thursday (Sept 7) that Rosmah’s counsel Firoz Hussein Ahmad Jamaluddin submitted the application on Wednesday (Sept 6).

ALSO READ: Rosmah files application to strike out money laundering, tax evasion charges

Deputy Public Prosecutor Poh Yih Tinn confirmed that the prosecution has received the application and asked for time for the filing of a response and a written submission.

When asked by Justice K. Muniandy, defence lawyer Mohamed Reza Rahim also said they needed time to submit a reply.

Justice Muniandy then set the new hearing date for the application and said that Rosmah, whose attendance had been dispensed with on Thursday, had to be present in court.

He also extended Rosmah’s bail.

On Aug 17, the Court of Appeal allowed Rosmah’s application to temporarily obtain her international passport to be with her daughter, who gave birth later that month.

ALSO READ: Rosmah given temporary release of passport

In her application filed at the High Court to strike out all 17 graft charges, Rosmah said the charges against her were baseless, defective and premature.

Rosmah said in her affidavit that a criminal court is not a suitable forum to determine whether the amount of money she received was taxable under the Income Tax Act.

“If the criminal court proceeds with its findings (whether the amount of money was taxable), the court will usurp the functions of the Special Commissioners of Income Tax (SCIT) which is an authorised body under a written law,” she said.

“In any circumstances, I also have the substantive right to refer if the amounts are subject to the payment of tax to SCIT which is denied to me in these charges,” she added.

Rosmah, 71, is facing 12 money laundering charges involving RM7,097,750, and five counts of failure to declare her income to the Inland Revenue Board.

ALSO READ: Over RM1mil deposited into Rosmah’s account between 2014 and 2017, says witness

She allegedly committed the offences at Affin Bank Berhad, Bangunan Getah Asli branch, Jalan Ampang here between Dec 4, 2013 and June 8, 2017, and at LHDN Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here between May 1, 2014 and May 1, 2018.

On Oct 4, 2018, she pleaded not guilty to all the charges at the Sessions Court.

On Sept 1 last year, the High Court convicted Rosmah on three counts of graft relating to the RM1.25bil solar hybrid project for 369 rural schools in Sarawak.

She was sentenced to 10 years in jail and fined RM970mil and she is currently out on bail pending her appeal in the case.