Court acquits Shahrir Samad over Najib’s RM1m cheque after prosecution drops case

By admin-s On Jan 5, 2023

The High Court today acquitted Tan Sri Shahrir Ab Samad from a money-laundering case over his alleged failure to include a RM1 million cheque from Datuk Seri Najib Razak in his income tax declaration, after the prosecution decided to discontinue the case.

(MMO) – This morning, Najib was expected to testify as a prosecution witness in Shahrir’s case.

But deputy public prosecutor Rasyidah Murni Azmi today informed the High Court that the prosecution no longer wishes to continue the case against Shahrir.

“Yang Arif, based on the latest developments, the prosecution applies to use Section 254 of the Criminal Procedure Code and we do not intend to continue prosecution against the accused in this case, Yang Arif, and in relation to that, the prosecution applies for the accused to be discharged not amounting to acquittal,” she said in seeking for a DNAA.

Under Section 254, the public prosecutor can at any stage of any trial inform the court that he will not further prosecute the accused and the accused shall be discharged of the charges, with such discharge not amounting to an acquittal, unless the court decides to also acquit the accused.

But Shahrir’s lawyers pressed for him to be acquitted, instead of just being given a DNAA which would leave Shahrir open to being charged again in the future over the same matter.

After hearing from both sides, High Court Judge Datuk Muhammad Jamil Hussin ordered for Shahrir to be acquitted.

“DPP confirms that the prosecution will not be continued against the accused in the near future (masa terdekat), in such a situation, it is appropriate that the accused be discharged and acquitted,” the judge said, also ordering for Shahrir’s passport to be returned to him.

Having applied Section 254 when ordering for Shahrir to be discharged and acquitted from this case, the judge also ordered for the bail money to be returned and for documents produced in this case to be returned to both the prosecution and defence team.