Former Sabah chief minister Musa Aman has filed an application to challenge the constitutionality of his 16 money laundering charges at the Kuala Lumpur Sessions Court.
In the April 4 application, Musa cited three legal clauses in disputing certificates used by the prosecution for his charges under the Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds from Unlawful Activities Act 2001 (AMLATFAPUAA).
As Musa's lawyer Amer Hamzah Arshad told reporters today, these certificates do not comply with constitutional provisions.
"We have three legal issues to be heard by the court," he said.
"The prosecution added in charges under AMLATFAPUAA. As part of the procedure, they collected certificates signed by diplomatic officers.
"So we are challenging these certificates, which were issued under Section 82(2) of AMLATFAPUAA."
Earlier, Sessions Court judge Rozinah Ayob set May 6 to hear Musa's application, after deputy public prosecutor Salim Soib @ Hamid requested for time to prepare for the hearing.
Salim's request came after lawyer Ng Aik Guan, who is also representing Musa, told the court that the defence is ready to have the application heard by the court.
Rozinah then ordered the prosecutionto submit their affidavit-in-reply by April 24, and for affidavits-in-reply from the defence to be filed by May 2.
In a following proceeding at the same court, Salim said that the prosecution had filed an application to transfer the case to the Kuala Lumpur High Court. This application, he added, will be heard on April 22.
On March 5, Musa claimed trial to 16 counts of laundering a total of US$37.8 million (RM155.5 million) under Section 4(1) of AMLATFAPUAA.
His lawyer Ng had questioned two certificates submitted by Malaysian diplomatic officers in Hong Kong and Singapore to the prosecution, in relation to alleged offences in the two countries.
Besides the money laundering charges, Musa also faces 35 charges for graft under Section 11(a) of the Anti-Corruption Act 1997.
He is accused of receiving a total of US$63.2 million (RM260 million) in bribes in exchange for logging contracts.
The alleged offences took place in Hong Kong and Singapore, through proxies, between 2004 and 2008.
-Mkini
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