KUALA LUMPUR - Datuk Seri Najib Tun Razak will testify as a prosecution witness this Dec 22 at the trial of Tan Sri Shahrir Ab Samad who is facing charges of failing to declare RM1 million allegedly received from the former prime minister.
High Court Judge Datuk Muhammad Jamil Hussin set the date after deputy public prosecutor Rasyidah Murni Azmi told the court that Najib, who is currently on trial for the 1Malaysia Development Berhad (1MDB) case, was only available on that date (Dec 22).
"The prosecution can call the next witness (MACC investigating officer) to testify tomorrow, while Datuk Seri Najib can testify on Dec 22. The prosecution can recall the investigating officer after Datuk Seri Najib has testified,” said the judge.
Shahrir, who is former Johor Bahru Member of Parliament, is facing charges of failing to declare RM1 million, received from Najib through a AmIslamic Bank Berhad cheque dated Nov 27, 2013, to the Inland Revenue Board (LHDN).
Earlier, Rasyidah Murni said the prosecution requested for the hearing that had been set for tomorrow and Dec 15 to be vacated and continued on Dec 22 for Najib to testify.
"Datuk Seri Najib's testimony has to be heard first before the MACC investigating officer is called to testify," she said.
However, lawyer Datuk Syed Faisal Al-Edros Syed Abdullah Al-Edros, representing Shahrir, objected to the prosecution's request to extend the date because it would prolong the trial of the case and waste the court's time.
"The longer this case drags on, the longer the time for my client to appear in court even though he has personal issues to attend to, including a sick child in hospital.
"If possible, the MACC investigating officer should be called first tomorrow and Thursday (Dec 15) so as not to waste the court's time and we suggest that the witness (investigating officer) be called again after Datuk Seri Najib testifies," said the lawyer.
At today's proceedings, Deputy Head of the Celebrity, Public and Various Entertainers Desk Audit Unit, IRB Assessment Division, Tuan Zulkfli Tuan Lah, who is the 21st prosecution witness, was called to continue with his testimony.
Shahrir, 72, is facing a charge of 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 RM1 million, believed to be from unlawful activities, which he received from Najib.
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, under Section 4(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, provides imprisonment for up to five years imprisonment or a fine of RM5 million or both, if convicted. - BERNAMA