THE Kuala Lumpur High Court was told today that former attorney-general Tommy Thomas insisted that the Malaysian Anti-Corruption Commission (MACC) prosecute Shahrir Ab Samad even though the investigation papers (IPs) on his case were incomplete.

MACC investigating officer Nurzahidah Yacop said she received instruction from the prosecution, with permission given by Thomas on January 15, 2020, to charge the former Felda chairman, although the IPs on the case were still incomplete. 

She said this when cross-examined by lawyer Syed Faisal Al-Edros Syed Abdullah Al-Edros, representing Shahrir, at the trial of the former Johor Baru MP, who is facing a charge of failing to declare to the Inland Revenue Board (IRB) a sum of RM1 million received from former prime minister Najib Razak. 

Earlier, to a question by Syed Faisal, Nurzahidah said she agreed with the lawyer that based on transactions in Shahrir’s account book, he used his personal money of over RM2.6 million for political activities before receiving the RM1 million from Najib on November 28, 2013. 

However, the MACC officer admitted that she never investigated the RM1 million that Shahrir received from Najib even though Shahrir insisted eight times during the investigation in 2019 that the money was to replace his pension. 

According to Nurzahidah, she did inform her superiors about the issue, but she was not instructed to investigate the matter. 

Syed Faisal: In your opinion, as an MACC investigating officer, is it fair for my client that an investigation was not conducted on the matter, even though he (Shahrir) repeatedly said it was to replace his money?

Nurzahidah: It is not fair for Tan Sri Shahrir, but I never received the document (withdrawal of RM2.6 million). My investigation was after the date of receipt of the RM1 million.

Asked by Syed Faisal whether she was suspicious about the action of his superiors in not ordering her to investigate it, Nurzahidah said: “Yes.”

Yesterday, the witness told the court that the RM1 million received by Shahrir from Najib was to replace his pension, which was used for political activities in the Johor Baru parliamentary constituency. 

Shahrir, 72, was charged on January 21, 2020, with money laundering by not stating his real income in the income tax return form for the assessment year 2013 on the RM1 million, believed to be from unlawful activities, which he received from Najib via an AmIslamic Bank Bhd cheque, dated November 27, 2013. 

In doing so, he had violated section 113(1)(a) of the Income Tax Act 1967. 

He was charged with committing the offence at the IRB, Duta Branch, Government Office Complex, Jalan Tuanku Abdul Halim, Kuala Lumpur, 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, a fine of RM5 million, or both, if convicted.

The hearing before judge Muhammad Jamil Hussin continues on January 5. – Bernama, December 23, 2022.