The High Court in Kuala Lumpur has stated that Datin Seri Rosmah Mansor can be prosecuted for money laundering and failing to declare her income to the Inland Revenue Board (IRB) as there is no provision in the Income Tax Act 1967 that prevents her from doing so.
In response to Rosmah’s claim that the court had taken over the functions of the Special Commissioners of Income Tax (SCIT), Deputy Public Prosecutor Poh Yih Tinn said this claim was baseless and that the court will judge all charges against her based on the criminal jurisdiction provided in the law.
Poh filed an affidavit-in-reply on Thursday, September 21, in relation to Rosmah’s application to have the 12 money laundering charges amounting to RM7,097,750 and five counts of failing to declare her income to the IRB struck out.
He stated that there is no provision under the Income Tax Act 1967 that prevents the prosecution of non-compliance under Section 77(1) of the same law, unless and until the dispute regarding taxable income is decided by the SCIT.
Poh also denied Rosmah’s claims that the charges against her were baseless, defective, premature, inconclusive, and did not disclose any offense in law.
He clarified that the issue of whether the description of the subject of the 13th to 17th charge amounts to taxable income is determined by Section 4 of the same law and does not depend on any order, instruction, request, or assessment by the IRB.
Rosmah, aged 71, the wife of former prime minister Datuk Seri Najib Razak, filed a notice of motion to be acquitted and discharged of all 17 charges against her on October 4, 2020.
She is alleged to have committed the offenses at Affin Bank Berhad, Bangunan Getah Asli Branch, Jalan Ampang in Kuala Lumpur between December 4, 2013, and June 8, 2017, and at LHDN, Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim in Kuala Lumpur from May 1, 2014, to May 1, 2018.
The trial for the case began on August 24, with two witnesses having testified so far.
– Bernama
Credit: The Star : News Feed
