KUALA LUMPUR: The High Court has ordered Datin Seri Rosmah Mansor to abide by a notice requiring her to declare her property acquisitions as part of investigations into alleged money-laundering activities.
Judge Mohamed Zaini Mazlan said this after dismissing Rosmah’s application to set aside the notice under the Section 49(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds from Unlawful Activities 2001 requiring her to reply or declare her assets within 30 days.
Zaini, in his judgment, said the applicant’s argument that she would be precluded from a right to fair trial was speculative and unmeritorious.
“The disclosure sought by the prosecution from the applicant under Section 49(1)(a) of the act does not relate to the 17 charges that the applicant is currently facing.
“The purpose for the said section is to assist the prosecution in identifying assets belonging to a person suspected of money laundering,” he said.
He said Rosmah’s right to silence and privilege against self-incrimination would be accorded to her during any trial which may arise after.
“I also concur with the prosecution’s argument, that the right to remain silent, and the privilege against self-incrimination, are not constitutionality guaranteed rights,” he said, adding that some flexibility is necessary in order to strike a balance between public interest and the rights of the applicant.
Zaini said the authorities must be given the leverage to conduct their investigations effectively, such as identifying assets belonging to a person suspected of money laundering.
“Revealing one’s assets does not predicate guilt on the part of the person accused of money laundering. The presumption of innocence still applies to the applicant and the burden is still on the prosecution to establish guilt at a trial, if it comes to that,” he said.
On Oct 4, 2018, Rosmah pleaded not guilty in the Sessions Court here to 12 counts of money laundering, involving RM7,097,750, and five counts for failing to declare her income to the Inland Revenue Board.
The offences were allegedly committed at Affin Bank Bhd, Bangunan Getah Asli branch, ground Floor, 148 Jalan Ampang here between Dec 4, 2013 and June 8, 2017 and the Inland Revenue Board, at the federal government complex in Jalan Tuanku Abdul Halim 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 and punishable under Section 4(1) of the same law, which provides an imprisonment for up to 15 years and fine of not less than five times the sum or value of the proceeds of unlawful activity or RM5 million, whichever is higher, if found guilty.
The charges for tax evasion were made under Section 77(1) of the Income Tax Act 1967 for failing to furnish returns of income for the assessment year 2013 to 2017 to the IRB director-general on or before April 30, 2014, 2015, 2016, 2017 and 2018, without reasonable excuse contrary to Section 112 of the law.