KUALA LUMPUR (Dec 5): The Attorney General's Chambers (AGC) has discontinued its appeal against senior lawyer Tan Sri Muhammad Shafee Abdullah's acquittal in his money-laundering case involving RM9.5 million allegedly received from imprisoned former prime minister Datuk Seri Najib Razak, as well as making false declarations to the Inland Revenue Board.
In a press release issued on Tuesday, Shafee said that the attorney general had filed a notice of discontinuance, and the appeal is deemed to be dismissed.
"The decision of the AG is not only an exercise of discretion without fear of favour, but underpins the unimpeachable nature of the High Court decision, where the learned judge found in both fact and law that there was no element of a predicate offence (illegal activity) to give rise to charges of money laundering, and thus acquitting him (Shafee) of all charges without his defence being called," the statement read.
Sources from the AGC also confirmed the matter with The Edge when contacted.
In October last year, High Court judge Datuk Muhammad Jamil Hussin ruled that the prosecution had failed to prove a prima facie case against Shafee for all four charges, and acquitted him without the senior lawyer having to enter his defence.
In his decision, the High Court judge said that the prosecution had failed to prove that the RM4.3 million Shafee allegedly received from Najib in 2013, followed by RM5.2 million in 2014, were from illegal proceeds.
It is understood that the court sent a letter to the parties informing them of the AGC's intention, hence the appeal was struck out per Rule 73 of the Rules of the Court of Appeal 1994. No reasons were cited for the withdrawal of the appeal.
Shafee faced four charges in total, two relating to money laundering under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and another two relating to making false declarations to the IRB under the Income Tax Act.
On Sept 13, 2018, the senior lawyer pleaded not guilty to receiving proceeds of unlawful activities via cheques issued by Najib, which were remitted into the lawyer's CIMB Bank Bhd account.
Shafee was also charged with submitting incorrect tax returns for the financial years ended Dec 31, 2013, and Dec 31, 2014, having omitted the above-mentioned sums from his tax returns.