Shahrir acquitted but saddened by court case

KUALA LUMPUR: The acquittal of Tan Sri Shahrir Ab Samad by the High Court has given him vindication but the Umno veteran said he was still sad over the episode.

“Today, my name and Umno have been cleared but I am sad because this case has the impression to the people that I am an MP and an Umno leader who is without integrity,” he told the press after proceedings ended yesterday.

Earlier in the day, the High Court here acquitted the former Felda chairman over a charge involving RM1mil he received from former prime minister Datuk Seri Najib Razak.

Shahrir also said he had known that the case built against him was weak and not airtight.

“I was sincere in doing my job, to help the poor and the needy. I’ve explained why I took the money from Datuk Seri Najib. I’ve said all these in my statement (during the investigation),” he added.

Shahrir said despite his explanation, the then attorney general continued to prosecute him.

“So today, supposedly it’s a happy day for me. But I’m sad, instead,” he said.

High Court judge Justice Muhammad Jamil Hussin granted the acquittal in open court proceedings yesterday 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, which meant Shahrir could not be charged with the same offence again.

Vindicated: Shahrir (centre) leaving the court complex after the High Court acquitted the former Felda chairman. — Bernama

In yesterday’s proceedings, Najib was initially scheduled to testify as a prosecution witness but deputy public prosecutor Rasyidah Murni Azmi requested that Shahrir be granted a discharge not amounting to an acquittal (DNAA).

However, Shahrir’s lawyers, Datuk Firoz Hussein Ahmad Jamaluddin and Tan Sri Dzulkilfi Ahmad, 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, too, from the case being dragged on.

Justice Muhammad Jamil then asked 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.

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 LHDN, 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.