KUALA LUMPUR: The prosecution has withdrawn its appeal against a High Court decision that acquitted and discharged Datin Seri Rosmah Mansor of 12 charges of money laundering involving more than RM7mil and five charges of failing to declare her income to the Inland Revenue Board (LHDN).
The notice of withdrawal of the appeal filed by the public prosecutor at the Court of Appeal last Dec 9 stated that it did not intend to proceed with the appeal.
"Not satisfied with the decision of High Court Judge K. Muniandy (now Court of Appeal Judge) on Dec 19, 2024, the public prosecutor has now given notice that it does not intend to proceed with the appeal," the document read.
According to a letter from the Deputy Registrar of the Court of Appeal, the case management scheduled for Dec 22 has been vacated, and the appeal is dismissed as provided for in Order 73, Court of Appeal Rules 1994.
Meanwhile, lawyer Datuk Amer Hamzah Arshad, who is representing Rosmah, when contacted, confirmed the matter and stated that Judge Muniandy's decision to acquit his client was appropriate and fair.
"We are relieved that she (Rosmah) has been completely freed from the charges. This entire process has been a tough test for her, and we are pleased to see that justice has finally been served and the case has been closed," said the lawyer.
On Dec 19, 2024, Judge K. Muniandy acquitted and discharged the wife of former prime minister Datuk Seri Najib Tun Razak of all the charges after allowing her application for all 17 charges to be quashed.
Muniandy had ruled that the prosecution failed to present the key elements of the offence of money laundering in the charges brought against Rosmah.
Rosmah, 74, filed the application to strike out the charges in September 2023, and the trial began on Aug 24, 2023, with two witnesses testifying in court.
On Oct 4, 2018, Rosmah pleaded not guilty to 12 counts of money laundering involving RM7,097,750 and five counts of failing to declare her income to LHDN.
The offence was allegedly committed at Affin Bank Berhad, Bangunan Getah Asli branch, Ground Floor, 148 Jalan Ampang here between Dec 4, 2013 and June 8, 2017, and at LHDN, Government Building Complex, Jalan Tuanku Abdul Halim here between May 1, 2014 and May 1, 2018.
The charges of money laundering were framed under Section 4(1) (a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, punishable under Section 4(1) of the same Act, which provides for imprisonment up to 15 years and a fine of not less than five times the sum or value of the illegal proceeds or RM5mil, whichever is higher upon conviction.
The tax evasion charges were brought under Section 77(1) of the Income Tax Act 1967, which required her to submit her income returns for the assessment years 2013 to 2017 to the LHDN director-general on or by April 30 of 2014, 2015, 2016, 2017, and 2018, without reasonable excuse, in contravention of Section 112 of the Act.
Rosmah is also appealing her conviction, 10-year jail sentence and an RM970mil fine over the corruption case related to a solar hybrid rural schools project. The date of the hearing at the Court of Appeal has yet to be fixed. – Bernama
