KUALA LUMPUR: In the latest development of a legal battle spanning six years, the Malaysian High Court on Thursday (Dec 19) discharged and acquitted Rosmah Mansor – the wife of former prime minister Najib Razak – of 17 money laundering and tax evasion charges.
In 2018, Rosmah was charged with 12 charges of money laundering involving RM7.09 million (US$1.57 million) and five charges of failing to declare her income to the Inland Revenue Board (IRB).
Justice K Muniandy said that the charges against Rosmah were flawed as they did not comply with the provisions in the Criminal Procedure Code.
“The charges amounted to duplicity and multiplicity. Furthermore, they did not disclose any offence,” he was quoted as saying by local media on Dec 19.
Muniandy said he was using his original jurisdiction and inherent power as trial judge to give the accused an acquittal and discharge.
Following her acquittal, Rosmah appeared to breathe a sigh of relief as she faced the media scrum outside the court.
“My lawyers have assured me since day one that these charges had no basis but you can never be certain,” Rosmah was quoted as saying by the New Straits Times.
Rosmah, 73, regarded her acquittal during her birthday month as a gift not just for herself but also for her husband.
“My acquittal on my birthday (month) is not only a meaningful gift for me but also a gift for my Bossku (Najib),” she said, as quoted by the New Straits Times, referring to the moniker that supporters of Najib had used on the former premier.
Rosmah was accused of committing the offences between Dec 4, 2013 and Jun 8, 2017 and was charged on Oct 4, 2018 at the Sessions Court, before the case was transferred to the High Court.
She had been charged with money laundering charges in accordance with Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
For the tax evasion charges, she allegedly failed to submit income statements for the years of assessment from 2013 to 2017 to the Director-General of the Inland Revenue, under Section 77(1) of the Income Tax Act 1967 without any valid reasons.
Sinar Harian reported that she allegedly committed all the offences at Affin Bank Berhad located at Jalan Ampang between Dec 4, 2013 and Jun 8, 2017 and at the IRB office in Government Complex from May 1, 2014 to May 1, 2018.
The New Straits Times reported that Malaysia’s Attorney-General Chambers (AGC) will be filing an appeal in response to Rosmah’s acquittal.
She filed the application to strike out the charges in September last year, with the hearing commencing on Dec 12 of the same year following partial proceedings in which two witnesses had testified.
On Dec 13, Rosmah had sent three representation letters to the AGC in her bid to quash all 17 charges, reported the New Straits Times. She had previously submitted two similar applications on May 3 and Aug 13 last year.
Besides this case, Rosmah has filed an appeal against her conviction and sentence involving a hybrid solar project worth RM1.25 billion.
Judge Mohamed Zaini Mazlan had previously sentenced her to 10 years in prison and a fine of RM970 million.
On Sep 1, 2022, Rosmah was found guilty of soliciting RM187.5 million in bribes from contractor Saidi Abang Samsudin in 2016 and 2017 so that his company Jepak Holdings could secure a RM1.25 billion government project to supply solar energy to 369 rural schools in Sarawak state.
Separately, the Malaysian High Court last month had also dropped corruption charges linked to the multibillion-dollar 1Malaysia Development Berhad (1MDB) scandal filed against her husband Najib.
Najib and former treasury secretary-general Irwan Serigar Abdullah were charged in 2018 with six counts of criminal breach of trust involving government funds worth RM6.6 billion which officials have said were related to a settlement agreement between 1MDB and Abu Dhabi state fund International Petroleum Investment Company.