KUALA LUMPUR – Former Felda chairman Tan Sri Shahrir Ab Samad, who is facing a charge of failing to declare RM1 million that he received from Datuk Seri Najib Razak to the Inland Revenue Board (IRB), has applied to recuse high court judge Mohd Nazlan Mohd Ghazali from hearing his application to transfer the case from the Sessions Court to the high court.
His lawyer, Datuk Firoz Hussein Ahmad Jamaluddin, told the court that he filed the application after receiving instructions from his client to do so.
Based on the affidavit filed on December 17, Shahrir applied to the court for an order for Nazlan to recuse himself from hearing the matter, and for it to be transferred to another high court as “there is a real possibility (danger) of bias”.
“Through the charges filed against me, I have been accused of receiving income from Datuk Seri Najib Razak amounting to RM1 million through an AmIslamic Bank Bhd cheque... I have also been advised by my lawyer, and truly believe that Datuk Seri Najib has been tried and convicted, and was sentenced on July 28.
“The judge who tried, decided and sentenced Datuk Seri Najib in the (SRC International Sdn Bhd) case was Nazlan, the same judge who is scheduled to hear the application to transfer my case.
“Among the reasons raised through the cause papers to support the application to transfer my case is that the cheque that was allegedly given to me came from Datuk Seri Najib.”
Deputy public prosecutor Mohd Afif Ali informed the court that the prosecution needs time to file an affidavit-in-reply to the application.
“The respondent requests for one to two weeks to answer the affidavit.”
Firoz Hussein also applied for two weeks to respond to the affidavit submitted by the prosecution.
Nazlan then set February 8 to hear the application.
Shahrir is also represented by lawyers Tan Sri Dzulkifli Ahmad, who is former Malaysian Anti-Corruption Commission chief, and Syahrul Syazwan Salehin, while Afif is assisted by DPP Natrah Fareha Rahmad.
Shahrir, 71, 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, with regard to the RM1 million, believed to be from unlawful activities, that he received from former prime minister Najib through an AmIslamic Bank cheque dated November 27, 2013.
The cheque was then deposited into Shahrir’s Public Islamic Bank account on November 28, 2013.
He was charged with committing the offence at IRB’s Duta branch in 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 for a maximum fine of RM5 million, or imprisonment of up to five years, or both, upon conviction. – Bernama, December 21, 2020
