ALSO READ: Rosmah files application to strike out money laundering, tax evasion charges
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ALSO READ: Rosmah given temporary release of passport
Deputy Public Prosecutor Poh Yih Tinn confirmed that the prosecution has received the application and asked for time for the filing of a response and a written submission.
When asked by Justice K. Muniandy, defence lawyer Mohamed Reza Rahim also said they needed time to submit a reply.
Justice Muniandy then set the new hearing date for the application and said that Rosmah, whose attendance had been dispensed with on Thursday, had to be present in court.
He also extended Rosmah’s bail.
On Aug 17, the Court of Appeal allowed Rosmah’s application to temporarily obtain her international passport to be with her daughter, who gave birth later that month.
In her application filed at the High Court to strike out all 17 graft charges, Rosmah said the charges against her were baseless, defective and premature.
Rosmah said in her affidavit that a criminal court is not a suitable forum to determine whether the amount of money she received was taxable under the Income Tax Act.
“If the criminal court proceeds with its findings (whether the amount of money was taxable), the court will usurp the functions of the Special Commissioners of Income Tax (SCIT) which is an authorised body under a written law,” she said.
“In any circumstances, I also have the substantive right to refer if the amounts are subject to the payment of tax to SCIT which is denied to me in these charges,” she added.
Rosmah, 71, is facing 12 money laundering charges involving RM7,097,750, and five counts of failure to declare her income to the Inland Revenue Board.
She allegedly committed the offences at Affin Bank Berhad, Bangunan Getah Asli branch, Jalan Ampang here between Dec 4, 2013 and June 8, 2017, and at LHDN Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim here between May 1, 2014 and May 1, 2018.
On Oct 4, 2018, she pleaded not guilty to all the charges at the Sessions Court.
On Sept 1 last year, the High Court convicted Rosmah on three counts of graft relating to the RM1.25bil solar hybrid project for 369 rural schools in Sarawak.
She was sentenced to 10 years in jail and fined RM970mil and she is currently out on bail pending her appeal in the case. ANN
High Court acquits Bung Moktar and wife Zizie Izette of all three graft charges
KUALA LUMPUR ― The High Court here today acquitted and discharged Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad of all three corruption charges.
Judge Datuk Azhar Abdul Hamid made the decision after allowing the couple’s applications for a revision against the Sessions Court’s decision ordered them to enter their defence on the corruption charges amounting to RM2.8 million involving a RM150 million investment in Public Mutual Berhad unit trust.
Bung, 63, looked calm while Zizie Izette, 44, cried after hearing the decision.
Judge Azhar ruled that it was a fit and proper case to exercise revisionary power under Section 323 of the Criminal Procedure Code (CPC).
“After examining the records of proceedings this court finds that there is no evidence that the 24th prosecution witness namely Public Mutual Berhad’s investment agent Madhi Abdul Hamid and the 25th prosecution witness Unit Amanah consultant, Norhaili Ahmad Mokhtar had given money to Bung Mokhtar through his wife.
“So the decision of the Sessions Court to call for defence is a miscarriage of justice. I hereby invoke Section 325 of the CPC to acquit and discharge both of them,” said the judge.
The prosecution was led by deputy public prosecutor Low Chin How while lawyers Datuk K. Kumaraendran and M. Athimulan acted for Bung Mokhtar and Zizie Izette respectively.
The Sessions Court, on September 2 last year, ordered Bung Mokhtar and Zizie Izette to enter their defence on all three corruption charges. This prompted them to file revision applications in the High Court against the Sessions Court’s ruling.
However, the High Court struck out their applications without hearing the merits of the applications after allowing the prosecution preliminary objections against the applications.
The couple subsequently filed the appeal to the Court of Appeal and on July 7, 2023, they won the appeal and the court remitted back the revision applications to the High Court for the merits of the applications to be heard.
On May 3, 2019, Bung Moktar who was then the non-executive chairman of Felcra, was charged with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts.
He is alleged to have accepted the bribes from Public Mutual Berhad’s investment agent Madhi Abdul Hamid through Zizie Izette at Public Bank Taman Melawati Branch here between 12.30pm and 5pm on June 12, 2015.
Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie Izette is facing three charges of abetting her husband over the matter at the same place, date and time.
Previously, Sessions Court Judge Rozina Ayob had fixed September 23, 2022, for Bung Moktar and Zizie Izette to enter their defence.
On September 23, 2022, the High Court here allowed their applications to postpone the defence trial pending disposal of their revision applications.
The trial was set on July 20 2023, but it was adjourned again pending the disposal of the revision applications.
The Sessions Court had set September 13 for mention of the case for parties to update the court on the revision applications that had been heard today at the High Court. — Bernama / MALAY MAIL
ANN / BERNAMA / MALAY MAIL
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