KUALA LUMPUR:Former Felda Chairman Tan Sri Shahrir Ab Samad, who is facing a charge with failing to declare the RM1 million received from former Prime Minister Datuk Seri Najib Tun Razak to the Inland Revenue Board (IRB) has applied to recuse High Court Judge Mohd Nazlan Mohd Ghazali from hearing his application to transfer the case from the Sessions Court to the High Court.
His lawyer, Datuk Firoz Hussein Ahmad Jamaluddin, who represented Shahrir, told the court that he filed the application after receiving instructions from his client to do so.
Based on the affidavit filed on Dec 17, Shahrir applied to the court for an order for Judge Mohd Nazlan to recuse himself from hearing the matter and for it to be transferred to another High Court as “there is a real possibility (danger) of bias”.
"Through the charges filed against me, I have been accused of receiving income from Datuk Seri Najib Tun Razak amounting to RM1 million through a AmIslamic Bank Berhad cheque ... I have also been advised by my lawyer and truly believe that Datuk Seri Najib has been tried and convicted, and was sentenced on July 28.
“The judge who tried, decided, and sentenced Datuk Seri Najib in the (SRC) case was Judge Mohd Nazlan, the same judge who is scheduled to hear the application to transfer my case.
"Among the reasons raised through the cause papers to support the application to transfer my case is that the cheque that was allegedly given to me came from Datuk Seri Najib," he said.
Deputy public prosecutor Mohd Afif Ali then informed the court that the prosecution needed time to file an affidavit-in-reply to the application.
"The respondent requests for one to two weeks to answer the affidavit," he said.
Firoz Hussein also applied for two weeks to respond to the affidavit submitted by the prosecution.
Following which, Judge Mohd Nazlan set Feb 8 to hear the application.
Shahrir is also represented by lawyers Tan Sri Dzulkifli Ahmad, who is the former Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC), and Syahrul Syazwan Salehin, while Mohd Afif is assisted by deputy public prosecutor Natrah Fareha Rahmad.
Shahrir, 71, is charged with money laundering by not stating his real income in the Income Tax Return Form for Assessment Year 2013, which is a violation of Section 113(1)(a) of the Income Tax Act 1967, on the RM1 million, believed to be from unlawful activities which he received from Najib through a AmIslamic Bank Berhad cheque dated Nov 27, 2013.
The cheque was then deposited into his (Shahrir) Public Islamic Bank account on Nov 28, 2013.
He was charged with committing the offence at IRB, Duta branch, Government Office Complex, Jalan Tuanku Abdul Halim here on April 25, 2014.
The charge, framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, provides a maximum fine of RM5 million, or imprisonment for up to five years, or both, if found guilty.
— BERNAMA
Bernama
Mon Dec 21 2020

Shahrir said he applied to the court for an order for Judge Mohd Nazlan to recuse himself as 'there is a real possibility of bias'. AWANI file pic

'FOMO': Beware of marketing traps, time, and money loss
What exactly drives some individuals to go to such lengths just to own these products?

90 pct of Syria's population living in poverty after years of civil war: UN official
UNDP says, "13,000 people (have been) forcibly disappeared, and we don't know their fate yet.

China's hopes to be Ukraine peacemaker collide with its goals on Trump, trade
For the last three years, China has repeatedly signalled a willingness to act as a peacemaker in the war in Ukraine.

Fatty liver disease - A major driver of liver cancer risk in Malaysia
By the time symptoms such as jaundice, abdominal pain and weight loss appear, the cancer may be in its advanced stage.

Trump tightens grip on independent agencies to test limits of presidential power
The order lets the White House shift budget and policies, usually kept at arms length from the president's daily oversight.

INSIGHT - In Russia, dozens of dissenters are held as psychiatric patients
Dozens of Russians face compulsory psychiatric treatment for their political views, say lawyers and human rights groups.

How does space travel affect astronaut health?
Here is an explanation of some of the effects on human health caused by space travel.

Can you distinguish between reality and deepfake?
Currently, Malaysia has no specific laws regulating deepfake technology.

Animated films seek to find a place in best picture Oscar race
Animated filmmakers now aim to be included to the best picture race after being shut out for several years.

Emotional trauma piles up for Ukraine's children three years after invasion
Teachers, psychologists and children are used to living in a state of chronic exhaustion without a clear end in sight, experts say.

Wedding content creation the big thing now for newlyleds
A wedding content creator's success does not rely solely in tech but in capturing emotions and bringing a couples love story to life.

Will Western companies return to Russia?
Easing restrictions could let some companies return to what was once a high-growth market under Trump's administration.

Chatbots pose challenge to guarding child mental health
Developers say AI companions can combat loneliness and improve users' social experiences in a safe space.

With blitz of policies, Trump goes beyond Project 2025's goals
Trump denies ties to Project 2025 but continues reshaping policies through executive power.

Almost half of chronic kidney patients in Malaysia lost their jobs - study
The study raises concerns about the future of chronic kidney patients, especially those who rely on long-term dialysis treatment.

Beware of scam tactics using AI
The drastic development of AI technology is being taken advantage of by scammers to reap huge profits by using various latest tactics.

Fired and rehired - the dizzying confusion of Trump's government overhaul
They have adopted a blunt force approach toward the wholesale firing of workers, often focusing on workers who are easier to fire.

Arab states scramble to counter Trump's Gaza 'Riviera' plan
Arab states trying to devise an alternative plan have yet to tackle critical issues like who will foot the bill for Gaza's reconstruction.

Chinese universities launch DeepSeek courses to capitalise on AI boom
Universities across China have launched artificial intelligence courses this month based on Chinese AI startup DeepSeek.

Astronomers reveal 3D structure of an alien planet's atmosphere
Astronomers find three layers on a scorching gas planet orbiting a star larger and hotter than the sun.