THE High Court in Kuala Lumpur today acquitted lawyer Muhammad Shafee Abdullah of money laundering charges over RM9.5 million allegedly received from Najib Razak and making false declarations to the Inland Revenue Board (IRB).

Judge Muhammad Jamil Hussin delivered his ruling this morning after saying the prosecution had failed to prove its case against the prominent lawyer.

Jamil said none of the prosecution witnesses were able to show that Shafee had committed a predicate offence by receiving the proceeds of two cheques for RM4.3 million and RM5.2 million respectively.

“Instead, the testimony (of MACC investigating officer Fariq Jabar) showed that there was no illicit activity which took place when the recipient received both cheques, and that the money was not from (any) illicit activity.”

“It is trite law that the prosecution is bound by the testimony of its own witnesses,” he said in a brief oral judgment.

Jamil further said that the prosecution was required to prove beyond reasonable doubt that the two cheques received by the accused were the proceeds of illegal activities.

The prosecution, however, failed to discharge that burden, he added.

“Therefore, the accused is discharged without his defence being called,” Jamil said.

The prosecution closed its case on May 12 after calling eight witnesses in the trial that began on May 21, 2021.

On September 13, 2018, Shafee pleaded not guilty to receiving proceeds from unlawful activity via cheques issued by Najib, which were remitted into Shafee’s CIMB Bank account.

Shafee was also charged with two counts of engaging in transactions resulting from illegal activities: submitting incorrect tax returns, which is in violation of paragraph 113(1)(a) of the Income Tax Act 1967, for the financial years ending December 31, 2013, and December 31, 2014.

The charges were framed under section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which carries a fine of up to RM5 million, up to five years in prison, or both, upon conviction.

Deputy public prosecutor Afzainizam Abdul Aziz prosecuted the case, while Shafee was represented by lawyers Harvinderjit Singh, Farhan Read and Muhammad Farhan Muhammad Shafee.  – October 28, 2022.