MUHAMMAD Shafee Abdullah’s legal team has objected to more than half of the written witness statement of a former Inland Revenue Board officer, contending that it is a form of opinion and conclusion in the lawyer’s RM9.5 million money laundering case.

Lawyer Harvinderjit Singh informed the High Court in Kuala Lumpur today that the defence has found that 33 out of 51 paragraphs of Syed Nasrul Fahmi Syed Mohamad’s witness statement should be expunged due to prejudicial elements.

“This witness statement is 13 pages long and contains 51 paragraphs. I am seeking to strike out 33 paragraphs because he is not a legal expert to give such testimony,” he said before judge Muhammad Jamil Hussin.

Harvinderjit made the objection before the seventh prosecution witness took the stand.

He read out certain paragraphs and insisted that the witness statement seemed to show that the latter had arrived at a finding of guilt against his client (Shafee), something only a proper judge is in a position to do.

“It is strange when one reads the witness statement. The witness’ qualification is in accountancy, not law, and yet he gives an opinion about the interpretation of the provisions of the Income Tax Act. That is a legal opinion, and the only person who can give a legal opinion is Yang Arif.”

Deputy public prosecutor Afzainizam Abdul Aziz said the issues raised by the defence are very serious.

“If the court rules not in our favour, then we cannot use the witness statement altogether. If expunged, it will mess up the evidence to be tendered by the prosecution.

“We are opposing the objection and would like to deal with it first on a later date.”

After hearing arguments from both parties, the judge suggested the witness read out his statement first in the next session so the defence can point out in court the paragraphs it wishes to expunge.

The trial continues on December 8.

On September 13, 2018, Shafee claimed trial to two charges of receiving RM9.5 million, alleged proceeds of unlawful activities, through two cheques issued by former prime minister Najib Razak that were deposited into his CIMB Bank Bhd account.

He was also charged with two counts of engaging in transactions resulting from illegal activities, namely submitting incorrect tax returns, a violation of paragraph 113 (1)(a) of the Income Tax Act 1967, for financial years ending December 31, 2013 and December 31, 2014. – Bernama, October 26, 2021.