Muhammad Shafee (centre) discusses with his team after mention of a case. — Bernama photo
KUALA LUMPUR: The Sessions Court here yesterday set Oct 8 for mention of a case involving prominent lawyer Tan Sri Muhammad Shafee Abdullah who is charged with two counts of receiving money from illegal activities amounting to RM9.5 million from former prime minister Datuk Seri Najib Tun Razak and two counts of making incorrect filings under the Income Tax Act 1967.
Judge Rozina Ayob fixed the date after the defence team representing Muhammad Shafee informed the court that they had submitted an application for the case to be transferred to the High Court and the matter would be heard today at the High Court.
Lawyer Harvinderjit Singh told the court that the defence filed the application last Sept 24 and the prosecution, represented by deputy public prosecutor Afzainizam Abdul Aziz, did not object to it.
The court then set next Monday for the defence to inform the court on the development of the case.
Yesterday, the court also ordered the prosecution to submit the necessary documents on the case to the defence team within two weeks.
Meanwhile, Muhammad Shafee was reprimanded by the judge for arriving late in court for the proceeding, which was supposed to start at 9am.
“Respect court time. At least have the courtesy to inform the court,” Judge Rozina said.
Harvinderjit Singh then stood up and apologised to the court, saying that his client had to go to a clinic before coming to court.
Met by reporters after the court proceeding, Harvinder said the money laundering case involving Muhammad Shafee was not like other normal cases filed under the Anti-Money Laundering Act (AMLA).
This case will also touch on constitutional issues and payment of legal fees, he added.
Meanwhile, Muhammad Shafee said he would file an application for Datuk Seri Gopal Sri Ram to recuse himself from heading the prosecution team in the money laundering case .
On documents that the prosecution was required to submit to the defence, Muhammad Shafee said the prosecution had so far only submitted bank documents and the caution statement.
Last Sept 13, Muhammad Shafee, 66, pleaded not guilty in the Sessions Court to two charges with receiving proceeds from illegal activities, each amounting to RM4.3 million and RM5.2 million, via two AmIslamic Bank Berhad cheques belonging to Mohd Najib Hj Abd Razak which were credited into his two CIMB Bank Berhad.
He was alleged to have committed both offences 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 (AMLATFA) 2001 which provides for a maximum fine of RM5 million and imprisonment not exceeding five years or both upon conviction.
Muhammad Shafee also pleaded not guilty to two charges under the Tax Act 1967 with being involved directly in transactions involving proceeds from illegal activities, namely by making an incorrect tax return , and breaching Paragraph 113(1)(a) of the Income Tax Act 1967 for the Financial Year ending Dec 31, 2013 and Dec 31, 2014.
For the charge, he is accused of leaving out income received on Sept 13, 2013 amounting to 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 his two CIMB Bank Berhad.
Both 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 filed 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