KUALA LUMPUR: The defence told a prosecution witness to provide the files containing information on the incomes and allowances of Tan Sri Shahrir Ab Samad as a member of Parliament since 1978 at the trial of the former Felda chairman.
Counsel Datuk Firoz Hussein Ahmad Jamaluddin who is representing Shahrir said the documents were required to support the defence that the RM1mil allegedly received by his client in 2013 was not taxable income.
"Shahrir’s income is extremely relevant. He faces an offence under AMLA (Anti-Money Laundering Act) where the predicate offence relates to Section 113 of the Income Tax Act, where his position has always been that there has been no declaration of income because the RM1mil was reimbursement of a trust fund in relation to personal money.
"Therefore, one has to establish he has extended his personal money in the first place to receive the reimbursement,” he said at the trial of the former Johor Bahru MP who is facing charges of failing to declare RM1million received from Datuk Seri Najib Tun Razak to the Inland Revenue Board (LHDN) on Thursday (July 28).
According to the lawyer, if the documents were not relevant, the prosecution would not call the first witness, who is Parliamentary Affairs Division senior assistant administrative officer, Rosli Mat Jinun to give his statement to prove the charges against Shahrir.
Deputy public prosecutor Mohd ‘Afif Ali protested the defence’s application that the documents were not related to the charge of money laundering.
Lawyer Tan Sri Dzulkifli Ahmad later asked Rosli whether the witness agreed to provide the files at the coming proceeding in which, Rosli replied "Agree”.
Dzulkifli: Documents shown through files?
Rosli: The normal files.
Shahrir, 72, was charged with money laundering by not reporting the real income in the income tax form which is a violation of Section 113 (1) (a) of the Income Tax Act 1967, which is not declaring the income amounting to RM1mil received from Najib through a cheque which was later banked into his account.
He was accused of committing the act at LHDN, Duta Branch, Government Office Complex, Jalan Tuanku Abdul Halim here on April 25, 2014.
The charge under Section 4 (1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 carries a fine not exceeding RM5mil or a maximum imprisonment of five years or both, if convicted.
The trial before Judge Datuk Muhammad Jamil Hussin continues on August 8. - Bernama
