Friday 19 Apr 2024
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This article first appeared in The Edge Financial Daily on October 5, 2018

KUALA LUMPUR: Datin Seri Rosmah Mansor, wife of former prime minister Datuk Seri Najib Razak said “I am okay” after pleading not guilty at the Sessions Court yesterday to 17 charges over some RM7.1 million allegedly transferred into her personal bank account between 2013 and 2017.

The 17 charges were framed under the Anti-Money Laundering, Anti-Terrorism Financing Act 2001 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Under the first eight charges, Rosmah is accused of being involved in money laundering by directly engaging in the transaction that involved proceeds of unlawful activities amounting to RM1.1 million which was deposited into her account.

She allegedly committed the offence at Affin Bank Bhd’s Bangunan Getah Asli branch in Jalan Ampang between Dec 4, 2013 and June 8, 2017.

For the ninth to the 12th charge, Rosmah is alleged to have directly engaged in 227 transactions involving proceeds of unlawful activities totalling RM5,997,750 which was deposited into the same account.

On the 13th to 17th counts, Rosmah is accused of engaging in money laundering by failing to file a return on the sum that were deposited into her account, as required under the Income Tax Act 1967. The offences were allegedly committed at the Inland Revenue Board in Jalan Tuanku Abdul Halim, between May 1, 2014 and this year.

This is the first time in history that the wife of a former prime minister is charged in court — after Najib himself made it to the books for becoming the nation’s first ex-premier to be charged.

Rosmah, 67, arrived at the Kuala Lumpur Court Complex clad in an orange baju kurung and a matching headscarf and handbag at 8.28am.

She was straight-faced upon arrival — having spent a night in lockup at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya — but managed to wave and smile to reporters as she was escorted to the court room. Also present were a handful of supporters.

She was arrested on Wednesday soon after providing her third statement this year to the anti-graft agency, amid probes into state-owned fund 1Malaysia Development Bhd (1MDB) and its former unit SRC International Sdn Bhd.

Rosmah’s defence team was led by Datuk K Kumaraendran and Datuk Geethan Ram Vincent. Heading the prosecution was Datuk Seri Gopal Sri Ram, a former Federal Court judge who was appointed as senior deputy public prosecutor in September.

Najib, who himself attended his own case management over 32 graft charges relating to 1MDB and SRC International, was spotted briefly visiting the court room where charges were read against his wife. No other family members of the couple were present.

After Rosmah pleaded not guilty, Sri Ram requested for a bail of RM10 million for all charges, under conditions that she surrenders all her passports and restricts herself from communicating with potential witnesses in the cases.

The latter, said Sri Ram, was in light of a police report lodged by the MACC on Friday alleging Rosmah of making contact with potential witnesses amid potential witness tampering.

The defence responded with a request of RM250,000 bail. Describing the requests as both too high and too low, judge Azura Alwi fixed the bail at RM2 million, with the first RM500,000 paid yesterday and the balance before the case is mentioned again on Oct 11.

Azura also allowed both conditions requested by the prosecution to stand, to which the defence agreed as “common practice” for most cases.

Najib and Rosmah left the complex at around 12.30pm soon after the first portion of the bail was posted.

The couple, however, kept their smile and composure as they were swarmed by reporters and police personnel.

“I’m okay,” said Rosmah when asked by a reporter how she felt about the charges. “I love you,” she added as she waved to several supporters.

After the court was adjourned, Geethan claimed that the police report produced by the prosecution in court was not the one that Rosmah was given any opportunity to negate or challenge, and was only brought up for the purpose of setting bail.

“It is merely a report by the MACC,” said Geethan. “However this police report was just lodged last Friday and produced [in court] today (yesterday).

“They have never taken any statement from Datin Seri with regards to this police report… No investigation has been done and it is pretty much unfounded.

“So, it is not right to accept it just by listing one party — what more that the potential witness which have been alleged to be in contact with Datin Seri Rosmah did not lodge the police report,” he said.

The court cases would then provide a good opportunity for Rosmah to clear her name, he added.

Meanwhile, Kumaraendran pointed to reporters on how all charges against Rosmah did not mention the source of the monies transferred to Rosmah’s account.

“So much has been said about 1MDB, and nothing [about 1MDB] has been stated in the charges,” he said, but added that the trial will proceed in accordance with the law.

“No — we have a fair trial. We will have a fair trial,” he said.

Separately, Tan Sri Muhammad Shafee Abdullah, who is leading Najib’s defence team in his trial, described Rosmah’s case as a “nightmare” for the prosecution.

“Her case is far more problematic for the prosecution, because they have to show that the money [involved] comes from an illegal source,” Shafee told reporters.

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