Datin Seri Rosmah Mansor will have to comply with a notice to declare her assets from Jan 1, 2009, until Dec 31, 2017, the High Court ruled today.
In dismissing Rosmah’s application to strike out the notice, Judge Mohamed Zaini Mazlan said he accepted the prosecution’s argument that Section 49(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA) 2001, was pertaining to its power of investigation.
The judge said the purpose of the section was to assist the prosecution in identifying assets belonging to a person suspected of money laundering.
“This, therefore, negates the applicant’s (Rosmah) fear of having to disclose her defence or that the information obtained may be used against her in respect of these charges.
The judge said Rosmah claim to a right to silence and privilege against self-incrimination was a right that will be accorded to her during a trial.
“I would again take solace with the prosecution’s repeated assurance that the investigation process here has no bearing with the 17 chargers currently faced by the applicant.
“I also concur with the prosecution’s argument that the right to remain silent and the privilege against self-incrimination is not constitutionality guaranteed rights,” the judge said.
Rosmah’s lawyer Mohamed Reza Rahim applied for a stay of the ruling as the defence would file an appeal over the decision.
However, Justice Mohamed Zaini ordered the defence to file a written application of the stay.
Former Federal Court judge Gopal Sri Ram, who was appointed as senior deputy public prosecutor, leads the prosecution team.
Rosmah, 67, who was not present in court on Friday (May 24) as she is said to be outstation, was also represented by lawyers Manjeet Singh Dhillon, N Rajivan and Datuk K Kumaraendran.
Rosmah filed the application on Feb 24 to set aside a notice issued by the public prosecutor on Nov 1 last year to compel her to declare all her assets from Jan 1, 2009, until Dec 31, 2017, under Section 49(1)(a) of the AMLATFPUAA.
Among other things, Section 49(1)(a) requires a suspect to declare his or her assets along with other details such as the estimated value, acquisition date, how it was acquired and income source.
Under Section 49(3), failure to comply with the notice to declare assets is an offence punishable by a maximum RM3 million fine or five-year imprisonment or both.