ROSMAH Mansor has claimed she would not get a fair trial due to an overlap in the 17 money laundering and tax evasion charges against her.

The wife of former prime minister Najib Razak said this in her response filed on September 22 to deputy public prosecutor Poh Yih Tinn’s affidavit-in-reply in the former’s bid to strike 12 money laundering charges involving RM7,097,750 and five charges of failing to declare her income to the Inland Revenue Board (IRB).

“The first charge to the 12th amended charge (for money laundering) are flawed, vague and defective because they do not state what the illegal activity or predicate offence is, from which the proceeds are said to have been obtained,” she said.

In the affidavit-in-reply, Poh said there was no provision under the Income Tax Act 1967 that prevented Rosmah’s prosecution for money laundering and tax evasion.

Rosmah claimed the details in the 13th to 17th charges (failure to declare income) were misleading because they combined money laundering offences.

“It is not clear whether I am charged with an offence under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 or with an offence under the Income Tax Act 1967,” she said.

Rosmah said if the trial continued with the existing charges, it would be against her right to a fair trial under the Federal Constitution.

“Just by referring to the charges, it is clear I will not get a fair trial. There is a possibility that I will be tried, convicted and punished more than once for the same offence,” she said.

Rosmah, 71, filed the notice of motion requesting she be discharged and acquitted of all 17 charges brought against her on October 4, 2020.

She was alleged to have committed the offences at Affin Bank Bhd’s Bangunan Getah Asli branch, Jalan Ampang, Kuala Lumpur, between December 4, 2013 and June 8, 2017, and at IRB Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim, Kuala Lumpur, between May 1, 2014 and May 1, 2018.

The trial began on August 24. – Bernama, October 6, 2023.