Lawyer Muhammad Shafee Abdullah’s money laundering case involving RM9.5 million received from former prime minister Najib Abdul Razak has gone to the Court of Appeal.
This followed on the heels of the prosecution this afternoon filing a notice of appeal against the acquittal of Shafee by the Kuala Lumpur High Court last week.
When contacted by the media today, deputy public prosecutor Afzainizam Abdul Aziz confirmed the filing of the appeal.
On Oct 28, High Court trial judge Muhammad Jamil Hussin discharged and acquitted Shafee (above) without calling him to enter his defence.
Jamil said the prosecution failed to establish a prima facie case against the counsel due to failing to prove that the two cheques - one worth RM4.3 million and the other RM5.2 million - were the proceeds of unlawful activities.
The judge noted that the prosecution’s own witnesses only showed that the cheques were deposited into Shafee’s account, whereby the accused himself does not deny receiving the monies.
Jamil added that prosecutors failed to establish any predicate evidence that Najib or anybody else was linked to any unlawful activity.
The prosecution’s contention was that Shafee committed money laundering when receiving the RM9.5 million from Najib and allegedly made false declarations to the Inland Revenue Board (IRB).
The prosecutors rested their case on May 12 after calling eight witnesses in the trial which began on May 21 last year.
Among the witnesses were Ambank Jalan Raja Chulan branch manager R Uma Devi, CIMB Bank Bukit Tunku branch manager Rosnita Ahmad, former IRB officer Syed Nasrul Fahmi Syed Mohamad, and MACC investigating officer Mohamad Farid Jabar.
Shafee’s charges
On Sept 13, 2018, Shafee claimed trial for receiving proceeds from unlawful activity via cheques issued by Najib, which were remitted into the accused’s CIMB Bank account.
He allegedly received a cheque for RM4.3 million on Sept 13, 2013, and another for RM5.2 million on Feb 17, 2014.
The offences were allegedly committed at CIMB Bank, Taman Tunku, Bukit Tunku in Kuala Lumpur.
The lawyer was also charged with two counts of engaging in transactions resulting from illegal activities, namely submitting incorrect tax returns, which is in violation of paragraph 113(1)(a) of the Income Tax Act 1967 for the financial years ending Dec 31, 2013, and Dec 31, 2014.
He was purported to have omitted income of RM4.3 million received on Sept 13, 2013, and RM5.2 million that was received on Feb 17, 2014, in his tax returns.
The money was received through two AmIslamic Bank accounts belonging to Najib and deposited into his two CIMB Bank accounts.
The offences were purportedly committed at IRB’s Jalan Duta branch at Kompleks Pejabat Kerajaan, Jalan Tuanku Abdul Halim on March 3, 2015, and June 29, 2015.
The charges were laid under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, specifying a fine of up to RM5 million, or up to five years in jail, or both upon conviction.
Shafee was represented by counsel Harvinderjit Singh. - Mkini
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