KUALA LUMPUR: Datin Seri Rosmah Mansor’s application to strike out all 17 graft charges, on which she is currently on trial, will be heard in the High Court on Dec 13. During case management yesterday, Rosmah’s counsel Datuk Firoz Hussein Ahmad Jamaluddin informed the court about the application filed on Wednesday.
Deputy public prosecutor Poh Yih Tinn confirmed that the prosecution received the application and asked for time to file a reply and a written submission.
When asked by Justice K. Muniandy, Rosmah’s other counsel Mohamed Reza Rahim also said they needed time to submit a reply.
Justice Muniandy then set the hearing date for the application and added that Rosmah, whose attendance had been dispensed with yesterday, had to be present in court for the hearing.
The judge 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.
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 was 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 failing to declare her income to the Inland Revenue Board.
She allegedly committed the offences at Affin Bank Bhd, 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.