KUALA LUMPUR - Prominent lawyer Tan Sri Muhammad Shafee Abdullah has been acquitted and discharged by the High Court today of money laundering involving RM9.5 million he allegedly received from Datuk Seri Najib Razak and making false declarations to the Inland Revenue Board (IRB).
Judge Datuk Muhammad Jamil Hussin made the decision after finding that the prosecution failed to prove a prima facie case against Shafee.
In his judgement, Muhammad Jamil said the court did not agree with the prosecution on the element that needed to be proven in the case against the accused.
The judge said the eighth prosecution witness verified that the RM4.3 million and RM5.2 million Shafee received via two cheques were not proceeds of unlawful activities.
"I find that there is no evidence proving the predicate offence to show that the two cheques were proceeds from illagal activities.
"Instead, the witness during cross-examination verified that there was no illegal activity involved when the cheques were received and the cheques were not proceeds from illegal activities.
"From all the evidence adduced, it is not safe to call the accused to enter his defence on the four charges. The accused is therefore acquitted and discharged without having his defence called," he said.
On Sept 13, 2018, Shafee, 70, pleaded not guilty to receiving proceeds from unlawful activity via cheques issued by Najib, which were remitted into Muhammad Shafee's CIMB Bank Bhd account.
He allegedly received a cheque for RM4.3 million on Sept 13, 2013, and another for RM5.2 million on Feb 17, 2014.
He was also charged with two counts of engaging in transactions resulting from illegal activities, namely submitting incorrect tax returns, which is in violation of paragraph 113 (1) (a) of the Income Tax Act 1967 for the financial years ending Dec 31, 2013, and Dec 31, 2014.
On May 12, the prosecution wrapped up its case after calling a total of eight witnesses in the trial which started on May 21.
Among the witnesses were Ambank Jalan Raja Chulan branch manager R Uma Devi, CIMB Bukit Tunku branch manager Rosnita Ahmad, former IRB officer Syed Nasrul Fahmi Syed Mohamad and Malaysian Anti-Corruption Commission (MACC) investigating officer Mohamad Farid Jabar.
Shafee was represented by counsel Harvinderjit Singh while deputy public prosecutor Afzainizam Abdul Aziz led the prosecution team.