KUALA LUMPUR: The High Court today ruled that the prosecution in the case of Tan Sri Muhammad Shafee Abdullah, who is charged with money laundering, failed to prove that the RM9.5 million received by the lawyer from Datuk Seri Najib Tun Razak was proceeds from unlawful activities.
Judge Datuk Muhammad Jamil Hussin, in his summary judgment, said that based on the testimony of the prosecution witnesses, there was no evidence of predicate action (illegal activity) involved and also where the money was obtained from.
"On the other hand, the testimony of the 8th prosecution witness (SP8), Malaysian Anti-Corruption Commission (MACC) investigating officer Mohd Farid Jabbar, confirmed during cross-examination that there was no illegal activity involved in the accused receiving the money through cheques and that the money was not proceeds from unlawful activities," said the judge.
He said since there was no predicate offence nor proceeds from unlawful activities involved, the (alleged) predicate offences could not be proven.
Following which, judge Muhammad Jamil acquitted Muhammad Shafee, 70, on charges of money laundering involving RM9.5 million allegedly received from the former prime minister and making false declarations to the Inland Revenue Board (IRB).
On the first and second charge made against Muhammad Shafee, namely for allegedly receiving proceeds from illegal activities amounting to RM9.5 million through two cheques from Najib, judge Muhammad Jamil said there was no evidence of unlawful act committed either by Najib or any other persons who could contaminate the money.
"In my opinion, the date at the time of receipt is important to determine that the money in question is from unlawful activities.
"The conduct of a predicate offence must be before or on the date of receipt of proceeds from unlawful activities as in the charge. The dates of receipt of proceeds from unlawful activities that were stated in the first and second charge were Sept 13, 2013, and Feb 17, 2014," he said.
However, he said, the prosecution failed to show that an act of predicate offence was committed before or on the date of receipt of the money.
In relation to the third and fourth charges, for engaging in transactions resulting from illegal activities by submitting incorrect tax returns to IRB, judge Muhammad Jamil said that both charges could not be proven because there were no transactions involving proceeds from illegal activities that took place on March 3, 2015 and June 29, 2015 as stated in the charge.
"The act by the accused is more of an offence under Section 112 and Section 113 of the Income Tax Act and not an offence of money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001," he said.
He said the court found that the prosecution failed to establish a prima facie case against the accused for all the charges made against him.
"From all the evidence adduced, it is not safe for me to call the accused to defend himself on the four charges. I am also not prepared to convict the accused if the defence is called and the accused chooses to remain silent.
"Therefore, the accused is acquitted and discharged of the four charges without being called to enter his defence. The RM1 million bail is to be returned to the surety and the passport to be returned to the accused," he added.
Meanwhile, deputy public prosecutor Afzainizam Abdul Aziz, when contacted after the proceeding, said the prosecution would get instructions from the Attorne -General on whether to appeal against today's decision.
Muhammad Shafee, when met by reporters, thanked his legal team, comprising lawyers Harvinderjit Singh, Farhan Read and Muhammad Farhan Muhammad Shafee.
He also hoped that the case would just end at the High Court today and not continue with the appeal stage.
-- BERNAMA
Bernama
Fri Oct 28 2022
The court found that the prosecution failed to establish a prima facie case against the accused for all the charges made against Shafee. - Astro AWANI/SHAHIR OMAR
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.