An MACC investigating officer testified that then attorney-general Tommy Thomas gave the green light for former Felda chairperson Shahrir Samad to be charged in court for money laundering of RM1 million despite an incomplete investigation paper (IP).
MACC assistant superintendent Nurzahidah Yacop told the Kuala Lumpur High Court that the IP was not complete as the authorities’ investigation did not pursue the claim by the accused that the RM1 million was a reimbursement rather than an income.
During the money laundering trial against former MP Shahrir today, 22nd prosecution witness Nurzahidah said that the MACC in 2019 only investigated the RM1 million that entered Shahrir’s account courtesy of a cheque from then prime minister Najib Abdul Razak on Nov 28, 2013.
As the accused looked on from the dock, the witness confirmed that Shahrir told the MACC eight times during the investigation that the RM1 million was reimbursement for political work, with the accused referring to numerous prior banking transactions that showed he withdrew RM2.6 million for political work (before the RM1 million entered the account).
Nurzahidah said when she informed her superiors about Shahrir’s claim and whether she should pursue this, the higher-ups allegedly gave no response to this (the IP was later sent to the Attorney-General’s Chambers for further action).
During cross-examination by defence counsel Syed Faisal Al-Edros Syed Abdullah Al-Edros, Nurzahidah said that on Jan 15, 2020, she received back the IP from a member of the prosecution, with a signed consent from Thomas (above) to charge Shahrir at the Kuala Lumpur Sessions Court (the case was later transferred to the High Court).
Syed Faisal: As an MACC IO, you wish to carry out your duty with honesty, you know the IP was not complete, but you received the order to charge by then attorney-general Thomas, but looking at the whole background you feel the investigation is not complete. I suggest that my client was charged based on an IP that was not complete.
Nurzahidah: Yes.
Thomas was appointed AG during the previous Pakatan Harapan administration in 2018. However, he stepped down in February 2020 following the Sheraton Move that led to the emergence of the then Perikatan Nasional government. He was replaced by Idrus Harun.
Following the 15th general election in November, the present government is helmed by Prime Minister Anwar Ibrahim.
Various bank statements
Earlier today when Syed Faisal showed Nurzahidah various bank statements over the outflow of more than RM2.6 million from Shahrir’s account prior to the entry of the RM1 million, the witness said she was not given the documents during her investigation in 2019.
When the lawyer asked whether it was fair for the MACC not to investigate the bank transactions prior to the entry of the RM1 million, the witness said it was not (fair).
Syed Faisal: You wanted to conduct your own investigation (pursue the allegation that the RM1 million was reimbursement) but you were afraid to go against the orders of your superior officer?
Nurzahidah: Correct.
Proceedings before trial judge Muhammad Jamil Hussin would resume on Jan 5 next year.
Yesterday, Nurzahidah testified that the RM1 million which Shahrir received from Najib was reimbursement of the former’s pension money, which was used for political activities in the Johor Bahru parliamentary constituency.
Previously, Shahrir’s defence counsel Firoz Hussein Ahmad Jamaluddin told the court that the RM1 million was a reimbursement and thus not taxable.
Shahrir was charged with committing money laundering by not declaring to the Inland Revenue Board the RM1 million payment as part of his real income in the income tax return for 2013.
The money, alleged to be from unlawful activities, was allegedly received from Najib through a cheque, according to the charge.
The offence carries a maximum penalty of jail time of up to five years or a fine of up to RM5 million, or both, upon conviction. - Mkini
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