KUALA LUMPUR: The High Court today set March 1 to hear the status of Datin Seri Rosmah Mansor's third representation seeking to quash her money laundering and tax evasion charge involving over RM7 million.
Deputy public prosecutor Ahmad Akram Gharib told judge K. Muniandy that there were some further actions that needed to be taken on the representation that was sent to the Attorney-General's Chambers (A-GC) on Dec 12 last year.
"There are some statements from some other individuals and witnesses that are necessary to complete the investigations.
"This is so that we can come up with a final decision (on the representation). As of now, it is still at that stage," he said.
Rosmah, the wife of former prime minister Datuk Seri Najib Razak, had sent her first and second representation to the A-GC on May 3 and Aug 18 respectively.
However, the A-GC has yet to make a decision on it.
Representation is usually carried out to apply for a retraction or to lower or lessen the charge brought against an accused.
The proceeding today and tomorrow was set to hear submissions from the defence on Rosmah's application to have all charges dropped.
However, Rosmah's counsel Datuk Firoz Hussein Ahmad, at the outset of the proceedings told the court that his client was unfortunately taken ill.
"She has produced a medical certificate and we have given it to the court," he said.
He applied for today's proceedings to be postponed and Ahmad Akram did not object.
Previously, Rosmah had argued that all money laundering and tax evasion charges against her were defective, premature and inconclusive.
She described the charges as "legally insufficient" as not submitting an annual income statement to the Inland Revenue Board should not constitute the offence of money laundering.
She said all 17 charges involving more than RM7 million overlapped with each other and lead to the violation of her personal liberty and equal protection of the law as stipulated under the Federal Constitution.
Her counsel Amer Hamzah Arshad had argued that his client would not receive a fair trial as the 17 charges against her are flawed and confusing.
He asserted that the charges overlap, and that the first to 12th charges are vague and defective.
He told the court that the charges did not specify what illegal activity or predicate offence the proceeds are allegedly derived from.
"The tax evasion charges are also misleading," he had said.
Rosmah was charged in the Sessions Court here on Oct 4, 2018 before the case was transferred to the High Court.
She is facing 12 charges of money laundering involving RM7,097,750 and five charges of failing to declare her income to the Internal Revenue Board (IRB).
She is accused of committing the offences between Dec 4, 2013 to June 8, 2017.
On the first to 12th counts, Rosmah was alleged to have engaged in transactions that involved proceeds from unlawful activity by allowing money totalling RM7,097,750 to be deposited into her account.
She allegedly committed the offences at the lower ground floor of Affin Bank Bhd's Bangunan Getah Asli branch in Jalan Ampang, here, between Dec 4, 2013 and June 8, last year.
On the 13th to 17th counts, she allegedly engaged in money laundering by failing to file a return on the sum that were deposited into her account, as required under Section 77 (1) of the Income Tax Act 1967.