.jpg "Lawyer Tan Sri Muhammad Shafee Abdullah speaks to reporters at the Kuala Lumpur High Court February 22, 2019. u00e2u20acu2022 Picture by Yusof Mat Isa")
KUALA LUMPUR, Feb 26 — Lawyer Tan Sri Muhammad Shafee Abdullah’s application to challenge the appointment of former Federal Court judge Datuk Seri Gopal Sri Ram to lead the prosecution team in his case will only be heard after the disposal of a similar application by former Prime Minister Datuk Seri Najib Tun Razak.
High Court Judge Collin Lawrence Sequerah made the decision after allowing the application filed by Muhammad Shafee, represented by lawyer Muhammad Farhan Muhammad Shafee, when the case came up for mention.
“We are applying for the court to set a date for the hearing of this application after the disposal of Najib’s application. This is because the application involves the same legal issues and before the same judge,” said Muhammad Farhan.
Deputy public prosecutor Kamal Baharin Omar did not object to the lawyer's request and Judge Sequerah fixed March 21 for the hearing of Muhammad Shafee’s application.
The court also allocated two weeks until March 12 for both the prosecution and defence teams to submit their respective documents before filing their submissions on March 14.
Muhammad Shafee filed an application to disqualify Sri Ram from heading the prosecution team in his case, while the hearing of Najib’s submissions to dismiss Sri Ram’s from leading the prosecution team in the 1Malaysia Development Berhad (1MDB) case would continue before Judge Sequerah on Feb 28.
On Sept 13 last year, Muhammad Shafee pleaded not guilty in the Sessions Court to two counts of money laundering by receiving a total of RM9.5 million in proceeds from unlawful activities from former prime minister Datuk Seri Najib Tun Razak and two counts of making incorrect filings under the Income Tax Act 1967.
The money laundering offences were allegedly committed at the CIMB Bank Berhad, J2 & K1, Taman Tunku, Bukit Tunku near here on Sept 13, 2013 and Feb 17, 2014.
Both charges were filed under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. (AMLATFA) which provides for a maximum fine of RM5 million and imprisonment not exceeding five years or both upon conviction.
On charges for breaching the Income Tax Act, Muhammad Shafee was charged with being involved directly in the transactions involving proceeds from unlawful activities by making an incorrect tax returns, hence breaching Paragraph 113(1)(a) of the Income Tax Act 1967 for the Financial Year ending Dec 31, 2013 and Dec 31, 2014.
He was alleged to have omitted income received on Sept 13, 2013, amounting RM4.3 million and income received on Feb 17, 2014 amounting to RM5.2 million via two AmIslamic Bank Berhad cheques belonging to Mohd Najib Hj Abd Razak which were credited into two CIMB Bank Berhad accounts belonging to him.
The offences were allegedly committed at the Inland Revenue Board, Duta Branch, Government Office Complex Jalan Tuanku Abdul Halim, here on March 3, 2015 and June 29, 2015.
The charges were framed under Section 4(1)(a) Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities 2001 (AMLATFAPUA) which provides for a jail sentence not exceeding 15 years and a fine of not less than five times the value of unlawful activities at the time the offences were committed or RM5 million, whichever is higher, upon conviction. — Bernama
