KUALA LUMPUR: The trial of former Felda chairman Tan Sri Shahrir Ab Samad, who is charged with failing to declare RM1mil that he received from Datuk Seri Najib Tun Razak to the Inland Revenue Board (LHDN), has been postponed to Dec 22 as the prosecution’s star witness is unwell.
High Court judge Justice Muhammad Jamil Hussin granted the postponement after deputy public prosecutor Rasyidah Murni Azmi informed the court that the witness, Malaysian Anti-Corruption Commission (MACC) Assistant Superintendent Nurzahidah Yacop, had been given a medical leave certificate (MC) by the Putrajaya Health Clinic.
“The court also set the trial to begin on Jan 5,” said the judge, Bernama reported.
Earlier, Rasyidah Murni said Nurzahidah on Wednesday had applied to the court to allow her to go to the clinic for treatment, adding that the prosecution had also received the MC.
“Today (Thursday) has been set for the cross-examination of the witness (Nurzahidah). This witness is important for this case and the prosecution has no intention of delaying the court’s time, but this is a matter of health that should not be taken lightly by all parties.
“Therefore, we request that the hearing be postponed while the previously fixed dates, namely Dec 22 and 23, are retained for us to call the witness and Datuk Seri Najib,” she said.
Shahrir’s counsel, Datuk Syed Faisal Al-Edros Syed Abdullah Al-Edros, confirmed that he had received the information through WhatsApp, adding that he prayed that the witness would recover quickly so that she could continue giving her testimony.
“I respect the prosecution’s request to postpone the trial and the defence does not take this lightly. However, we request that this case be resolved as soon as possible as my client is trying to clear his name,” he said, requesting that the trial be set for next month.
DPP Mohd ‘Afif Ali then said that the prosecution had no intention of postponing and delaying the proceedings, but had always cooperated fully for the sake of justice for all.
Shahrir, 72, was charged with money laundering, by not stating his real income in the Income Tax Return Form for Assessment Year 2013, which is a violation of Section 113(1)(a) of the Income Tax Act 1967, on the RM1mil, believed to be from unlawful activities, which he received from Najib through a cheque.
He was charged with committing the offence at LHDN, Duta Branch, Government Office Complex, Jalan Tuanku Abdul Halim here on April 25, 2014. Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 provides for a maximum fine of RM5mil, or imprisonment of up to five years, or both if found guilty.
