Sunday, May 22, 2022

Rosmah applies for stay of proceedings in money laundering case

She is seeking an order for a stay pending an appeal against the judge's decision to dismiss her application for him to recuse himself.

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Rosmah Mansor has applied for a stay of proceedings in her money laundering and tax evasion trial scheduled to begin on Wednesday.

Rosmah, 70, filed the notice of motion through Messrs Geethan Ram in the Kuala Lumpur High Court, naming the public prosecutor as the respondent. Lawyer Geethan Ram Vincent when contacted by reporters confirmed the matter.

According to the court’s e-filing system, the application is set for case management before judge Mohamed Zaini Mazlan on Wednesday.

In the notice of motion, Rosmah sought an order for a stay of proceedings pending an appeal in the Court of Appeal against Zaini’s decision dismissing Rosmah’s application for the judge to recuse himself from hearing the case.

The appeal is set for case management before the deputy registrar of the Court of Appeal on March 23.

In the affidavit filed with the notice of motion, Rosmah claimed among others that if the Court of Appeal ruled that Zaini was not a suitable judge to hear the case against her, the trial of the case would be futile.

Rosmah claimed that if the trial continued, it would violate her fundamental rights, where she would suffer irreparable harm if the trial was later declared null and void.

On Dec 14, Zaini rejected Rosmah’s application for him to recuse himself from hearing the trial against her over money laundering and failure to declare income tax, and set the trial to begin on Jan 12.

On Nov 2, Rosmah filed the application for Zaini to recuse himself from the case on the grounds that evidence and exhibits had been presented in court in the solar case trial before the same judge, which could directly or indirectly influence the judge in the money laundering case.

Rosmah faces 12 money laundering charges involving RM7,097,750 and five counts of failing to declare her income to the Inland Revenue Board (LHDN).

The offences were allegedly committed at Affin Bank, Bangunan Getah Asli branch, Jalan Ampang between Dec 4, 2013 and June 8, 2017, and at LHDN at Kompleks Bangunan Kerajaan, Jalan Tuanku Abdul Halim between May 1, 2014 and May 1, 2018.

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