Datuk Firoz Hussein Ahmad Jamaluddin, representing Rosmah Mansor, claims the charges against her violate her constitutional right to a fair trial. He argues that non-declaration of income tax cannot be considered a predicate offense for money laundering.
Rosmah Mansor 's lawyer, Datuk Firoz Hussein Ahmad Jamaluddin, argued that the charges against her are flawed and violate her right to a fair trial under Article 5 of the Federal Constitution. He stated that no proceeds of unlawful activity were generated by the alleged failure to declare income tax.
Firoz contended that Section 85 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA), which empowered the Finance Minister to add predicate offences to the Act’s second schedule, was ultra vires (beyond legal authority). In 2018, Rosmah, 72, was charged with five counts of money laundering for allegedly failing to declare RM7,097,750 in income deposited into her bank account. Firoz argued that simply failing to declare income tax could not result in proceeds of unlawful activity. He added that not filing a tax return or notifying chargeability should not be viewed as generating proceeds from unlawful activities. Firoz was submitting in Rosmah’s application to quash the 12 charges of money laundering and five charges of failing to declare personal income to the Inland Revenue Board. Firoz further argued that the charges amounted to an abuse of the court process and had negatively impacted Rosmah’s quality of life. He pointed out that Rosmah has been burdened with legal fees, RM1mil bail, and court proceedings, which have caused her ongoing stress and affected her mental health due to the risk of imprisonment. In response, DPP Ahmad Akram Gharib defended the charges, stating that Section 112 of the Income Tax Act is constitutional
MONEY LAUNDERING LEGAL CHARGES ROSMAH MANSOR CONSTITUTIONAL RIGHTS COURT PROCEEDINGS
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