KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak is not ready to testify as a prosecution witness in the graft trial of Tan Sri Shahrir Ab Samad involving RM1mil that he received from Najib.
At the outset of the proceedings, Najib, who took the witness stand briefly, told the court that he would not be able to give oral testimony without the presence of his lawyer, Tan Sri Muhammad Shafee Abdullah.
"I request to give my statement on Jan 5 because it is important for my lawyer to be here with me," he said during the proceedings here on Thursday (Dec 22).
Deputy Public Prosecutor Rasyidah Murni Azmi asked Najib to explain his lawyer’s whereabouts, to which Najib said Muhammad Shafee was currently outside Kuala Lumpur to attend a different matter.
DPP Rasyidah then said the prosecution would leave it to the court's discretion on Najib's request.
Meanwhile, Shahrir's lawyer Datuk Firoz Hussein Ahmad Jamaluddin said the defence had no objection on the matter.
Justice Muhammad Jamil Hussin allowed Najib to defer his testimony and take the stand on Jan 5 in the presence of his lawyer.
The proceedings continued with Malaysian Anti-Corruption Commission (MACC) Supt Asst Nurzahidah Yacop taking the stand as the 22nd prosecution witness.
Shahrir, 72, was charged with money laundering by not stating his real income in the Income Tax Return Form, which was a violation of Section 113(1)(a) of the Income Tax Act 1967, on the RM1mil, believed to be from unlawful activities, which he received from Najib through a cheque.
The cheque was deposited into Shahrir’s Public Islamic Bank account on Nov 28, 2013.
He was charged with committing the offence at IRB, Duta Branch, Government Office Complex, Jalan Tuanku Abdul Halim here on April 25, 2014.
The charge, framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, provides a maximum fine of RM5mil, or imprisonment for up to five years, or both, if found guilty.