Rosmah Mansor Acquitted of Money Laundering and Tax Evasion Charges
In a significant legal development, Datin Seri Rosmah Mansor, the wife of former Malaysian Prime Minister Najib Razak, has been acquitted of 17 charges related to money laundering and tax evasion. The High Court’s decision on December 19, 2023, brings to a close a six-year legal battle that began with Rosmah’s initial indictment in 2018. The charges stemmed from allegations that she had laundered RM7.09 million (approximately US$1.57 million) and failed to declare her income to the Inland Revenue Board (IRB) between 2013 and 2017. Justice K Muniandy, presiding over the case, ruled that the charges were fundamentally flawed, suffering from duplicity and multiplicity, and ultimately failing to disclose any actual offense. This decision was delivered based on the judge’s inherent powers and original jurisdiction.
The acquittal comes as a significant victory for Rosmah, who expressed relief and vindication following the verdict. She maintained that her legal team had always assured her of the baselessness of the charges, although the uncertainty of the legal process had undoubtedly weighed heavily. The timing of the acquittal, coinciding with her birthday month, added a layer of personal significance for Rosmah, who characterized it as a gift not only for herself but also for her husband, Najib Razak, using his popular moniker "Bossku." This term of endearment, widely used by Najib’s supporters, reflects the couple’s shared experience navigating the complexities of Malaysia’s political and legal landscape.
The prosecution’s case against Rosmah centered on allegations of financial impropriety spanning several years. The money laundering charges, brought under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, related to transactions alleged to have occurred between December 4, 2013, and June 8, 2017, at Affin Bank Berhad on Jalan Ampang. The tax evasion charges, under Section 77(1) of the Income Tax Act 1967, alleged that Rosmah failed to submit income statements to the IRB for the assessment years 2013 to 2017, without justifiable reason. These alleged offenses were said to have taken place at the IRB office in the Government Complex between May 1, 2014, and May 1, 2018.
The legal proceedings were complex and protracted. Rosmah’s defense team filed an application to strike out the charges in September 2022. The hearing for this application commenced in December 2022, following partial proceedings where two witnesses had already testified. Further bolstering her defense, Rosmah submitted three representation letters to the Attorney-General’s Chambers (AGC) just prior to the acquittal, seeking to have all 17 charges dismissed. These letters followed two previous similar applications submitted earlier in the year. The judge’s decision to acquit based on the flawed nature of the charges, rather than on the merits of the evidence presented, highlights the legal intricacies of the case.
The AGC has announced its intention to appeal the High Court’s decision, indicating that the legal battle is far from over. This appeal will likely focus on the judge’s interpretation of the charges and the application of the relevant legal provisions. The acquittal in this case comes against the backdrop of other high-profile legal challenges faced by Rosmah and her husband. Rosmah is currently appealing her conviction and sentencing in a separate case involving a solar hybrid project for rural schools in Sarawak. In that case, she was sentenced to 10 years in prison and fined RM970 million for soliciting and receiving bribes related to the project.
The case adds another layer of complexity to the ongoing legal saga surrounding the couple. Najib Razak himself has been facing numerous charges related to the 1Malaysia Development Berhad (1MDB) scandal. Notably, just last month, corruption charges against Najib and former treasury secretary-general Irwan Serigar Abdullah, linked to the 1MDB scandal, were dropped by the High Court. These charges involved alleged criminal breach of trust relating to government funds and a settlement agreement between 1MDB and the Abu Dhabi state fund, International Petroleum Investment Company. The intertwined legal battles of Najib and Rosmah continue to capture public attention, underscoring the ongoing scrutiny of their financial dealings and their place within Malaysia’s political landscape.
