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Rosmah, Rizal corruption cases to be jointly tried

KUALA LUMPUR (May 30): The High Court here, today allowed the prosecution’s application for corruption cases involving Datin Seri Rosmah Mansor and a former special officer of Datuk Seri Najib Tun Razak, Datuk Rizal Mansor, over the solar hybrid project for rural schools in Sarawak to be jointly heard.

However, Justice Mohamed Zaini Mazlan ordered Rosmah’s money-laundering cases to be tried on their own.

In his judgment, Mohamed Zaini said that it was not enough to satisfy the criteria of Section 165 of the Criminal Procedure Code (CPC) for money laundering cases to be jointly tried with corruption cases.

“I am of the view that based on the charges in Rosmah's solar and AMLA cases, there is simply not enough to satisfy the criteria of Section 165 of the CPC. (Section 165 of the CPC is about trial for more than one offence.)

“I therefore ordered Rosmah's AMLA cases to be tried on their own. On Rosmah and Rizal's solar cases, I am satisfied these two cases fulfilled the criteria to be jointly tried,” he said.

Mohamed Zaini fixed the solar case trial date involving Rosmah and Rizal as well as Rosmah’s money laundering cases to begin in 2020.

The dates for solar case trial are Feb 3 to Feb 6, Feb 10 to Feb 13, Feb 17 to Feb 20, March 9 to March 12, April 6 to April 9, April 13 to April 16, April 20 to April 23 and April 27 to April 30. The trial will commence for 32 days, except on Fridays, and the prosecution will call 17 prosecution witnesses to testify.

For Rosmah’s money laundering cases the court has fixed the trial date to be held for 20 days beginning May 11 to May 14, May 18 to May 21, June 29 to July 2, July 6 to July 9 and July 13 to July 16. The court also set Jan 6 for case management of solar cases.

Rosmah was not present in today’s proceeding.

Earlier, former Federal Court Judge Datuk Seri Gopal Sri Ram, who was appointed as senior deputy public prosecutor told the court that Rosmah had to take seven days medical leave and she was on medication which made her drowsy.

On Oct 4, 2018, Rosmah, who is represented by lawyer Manjeet Singh Dhillon and Datuk K. Kumaraendran, pleaded not guilty to 12 charges of money laundering amounting RM7,097,750 and five charges of failing to declare her income to the Inland Revenue Board (LHDN). 

She was charged with committing the offences at Affin Bank Berhad, Bangunan Getah Asli, Ground Floor, 148, Jalan Ampang here between Dec 4, 2013, and June 8, 2017, and at LHDN, Government Offices Complex, Jalan Tuanku Abdul Halim here between May 1, 2014, and May 1, 2018.

The money laundering charge under the Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 is punishable under Section 4(1) of the same act which provides for a maximum of 15 years jail and fine not less than five times the amount or value of the proceeds of the unlawful activity or instrumentalities of an offence at the time the offence was committed or five million ringgit, whichever is the higher, upon conviction.

For the failure to declare her income, she was charged under Section 77(1) of the Income Tax Act 1967 for submitting her income for the assessment years of 2013 to 2017 to the director-general of LHDN at or before April 30 2014, 2015, 2016, 2017 and 2018 without reasonable excuse under Section 112 of the law. 

For the corruption cases involving the supply and installation of rural school solar energy in Sarawak, Rosmah was faced two charges of seeking RM187.5 million and receiving RM1.5 million two years ago.

Rosmah was also presented by Datuk Akberdin Abdul Kader and Datuk Jagjit Singh.

She was charged under Section 16(a)(A) of the Malaysian Anti-Corruption Commission Act 2009 and is liable to be punished under Section 24 of the same act which provides for a maximum jail term of 20 years and fine not less than five times the sum or value of the bribe or RM100,000 whichever is higher upon conviction.

Rizal who was represented by Ridha Abdah Subri pleaded not guilty to four charges of seeking and receiving bribes for himself and Rosmah amounting to RM5.5 million involving the project to supply and install rural school solar energy in Sarawak under Section 16(a) (A) of Malaysian Anti-Corruption Commission Act 2009.

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