Tan Sri Shahrir Samad
KUALA LUMPUR: The High Court here has acquitted former Felda chairman Tan Sri Shahrir Ab Samad over a charge involving a RM1mil he received from former prime minister Datuk Seri Najib Razak.
Justice Muhammad Jamil Hussin granted the discharge and acquittal (DAA) in an open court proceedings here on Thursday after he was informed that the prosecution did not intend to proceed with the case.
The full acquittal order was made pursuant to Section 254 (3) of the Criminal Procedure Code.
A DAA means Shahrir can never be charged for the same offence again.
Earlier, deputy public prosecutor Rasyidah Murni Azmi sought for Shahrir to be granted a discharge not amounting to an acquittal (DNAA).
Shahrir's lawyers, Datuk Firoz Hussein Ahmad Jamaluddin and Tan Sri Dzulkilfi Ahmad, however urged the court to grant the Umno veteran a full acquittal instead.
Dzulkifli told the court that a prosecution witness had admitted during cross-examination during the trial that the charge against Shahrir was based on incomplete evidence.
“The prosecution was done hastily and the decision by the then attorney general to charge was based on incomplete evidence,” Dzulkifli said.
Lawyer Datuk Syed Faisal Syed Abdullah Al-Edros, who is part of the defence team, also told the court that Shahrir's family has suffered from the case.
Justice Muhammad Jamil then asked DPP Rasyidah if the prosecution would charge Shahrir again if a DNAA was granted.
Rasyidah responded in the negative.
"Our instructions are not to continue,” she said.
The court ordered for the bail money and passport to be returned to Shahrir.
In today's proceedings, Najib was initially scheduled to testify as a prosecution witness in the trial.
Shahrir, 74, was charged with money laundering by not stating his real income in the Income Tax Return Form, which was 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.
The cheque was deposited into Shahrir’s Public Islamic Bank account on Nov 28, 2013.
He was charged with committing the offence at IRB, Duta Branch, Government Office Complex, Jalan Tuanku Abdul Halim here on April 25, 2014.
The charge, framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, provides a maximum fine of RM5mil, or imprisonment for up to five years, or both, if found guilty.
