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Thursday, January 5, 2023

Shahrir acquitted of money laundering charge

 


Former Felda chairperson Shahrir Samad walked free from a money laundering case involving RM1 million received from former prime minister Najib Abdul Razak.

The Kuala Lumpur High Court this morning allowed the full acquittal bid by defence counsel Dzulkifli Ahmad. A discharge amounting to an acquittal (DAA) means the accused can no longer be charged in court over the same offence.

Today was initially set for a continuing trial with Najib to testify for the prosecution.

Earlier today, the prosecution sought a discharge not amounting to an acquittal (DNAA) for the money laundering case against Shahrir (above). DNAA means the accused can still be charged again in court for the same offence.

The full acquittal came on the heels of an earlier testimony from a prosecution witness, MACC investigating officer Nurzahidah Yacop, that then attorney-general (AG) Tommy Thomas in 2020 gave the green light for former Felda chairperson Shahrir Samad to be charged in court despite an incomplete investigation paper (IP).

During open court proceedings before Judge Muhammad Jamil Hussin, deputy public prosecutor Rashidah Azmi applied for the DNAA under Section 254 of the Criminal Procedure Code, “based on new development”.

At this juncture, defence counsel Firoz Hussein Ahmad Jamaluddin countered that the accused should be given full acquittal instead as it would be unfair at this juncture of proceedings not to do so.

Dzulkifli then chimed in to remind that Nurzahidah herself admitted during cross-examination previously that the charge was premised on incomplete evidence.

“The prosecution was done hastily and the decision by the AG then to charge Shahrir was based on incomplete evidence.

“Therefore, we seek for the court to discharge and acquit Shahrir from the charge,” Dzulkifli said.

Another defence lawyer, Syed Faisal Al-Edros Syed Abdullah, also sought a full acquittal as the case against Shahrir has been dragging on until this year, and it was not just him but his family has suffered as a result.

When Jamil asked prosecutors whether they intend to further charge Shahrir in future if he is granted DNAA, Rashidah said “no”, adding, “we have no orders to continue the prosecution against the accused”.

“As the DPP confirmed that the prosecution would not be continuing its case against the accused in the near future, therefore it is proper for this court to discharge and acquit the accused,” Jamil ruled.

The judge also ordered the bail money posted by Shahrir to be returned, as well as return the accused’s passport (which was kept by the court as part of bail terms).

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.

Meanwhile, Shahrir posted a link to an online news report over his acquittal on his Facebook page.

"A ridiculous case to start with. #HonestPolitics," the FB posting read. - Mkini

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