KUALA LUMPUR (Aug 19): Tan Sri Shahrir Samad testified that his malicious prosecution lawsuit against former attorney general Tan Sri Tommy Thomas and three others is not driven by spite, but rather an effort to hold authorities accountable for how they exercise their investigative powers.

The former Federal Land Development Authority (Felda) chairman said this on Wednesday during his ongoing civil suit, in which he claims criminal charges were brought against him despite incomplete investigations.

"I am not taking this action out of revenge. I am doing so because the powers to investigate, seize, arrest and prosecute are immense. Such powers must only be exercised after fundamental matters have been properly investigated," the former Johor Bahru MP said.

Shahrir was charged in early 2020 for failing to declare RM1 million received from jailed former prime minister Datuk Seri Najib Razak to the Inland Revenue Board (IRB).

The trial began in July 2022. In January 2023, after calling more than 20 witnesses, the prosecution withdrew the charges and the High Court granted Shahrir a full acquittal.

The prosecution's decision followed testimony from Malaysian Anti-Corruption Commission (MACC) investigating officer Nurzahidah Yacop, who admitted she was instructed to charge Shahrir — with approval from Thomas in January 2020 — even though the investigation papers were still incomplete.

Following his acquittal, Shahrir filed this civil suit, naming Thomas, former MACC chief commissioner Latheefa Koya, the MACC and the federal government for alleged malicious prosecution, malicious investigation and wrongful arrest.

Taking the stand as the first plaintiff witness on Wednesday, Shahrir testified that while he was accused of failing to declare the RM1 million, investigators never verified whether the funds legally constituted as "income".

"Because the allegation states that I failed to declare RM1 million as income, it must first be determined that the money is indeed income before anyone can be said to have failed to report it,” he said in his witness statement. "The allegation claims that the RM1 million is income, but the [IRB] witness himself explained that the process to determine that had not yet been carried out."

Shahrir, 76, maintained his stance from the criminal trial that the RM 1 million was not his income but rather a reimbursement from Najib.

Shahrir further explained that he had used roughly RM1 million of his personal funds to revive the abandoned Puri Langkasuka housing project after affected home buyers approached him for help around 2013 or 2014 as the elected representative for Johor Bahru.

"Most of them are not wealthy people. They were not asking for luxury houses. They only want the houses they bought, to live in with their families," he said in the statement.

He said he advanced his own funds to pay the contractor and purchase building materials so work would not stall. He later met with Najib to discuss the project and request a reimbursement of his personal expenditures.

Najib subsequently issued an RM1 million cheque as repayment. Shahrir acknowledged there was no letter or documentation to state the payment was a "reimbursement" from Najib.

"He stated that this was his contribution [sumbangan] towards replacing part of the money I had previously advanced for the restoration of Puri Langkasuka. That was the context of the discussion [with Najib]," he said.

Shahrir said that as a politician, he was used to receiving criticism. However, his reputation had taken a hit due to the charge.

"My name and picture were published together with the term ‘money laundering’. For many people, that allegation alone has already created the impression that I am someone who is not trustworthy," he said.

Shahrir said that his wife and late daughter supported him through the ordeal but they too felt the pressure and shame due to the charge.

He also added that he was adamant to see the trial through and for it to be concluded early as his late daughter, his only child, was battling stage 4 cancer and undergoing chemotherapy.

“I have spent a large part of my life in public service and as a member of Parliament. When my child fell ill, I realised that my time with her was becoming shorter. At the same time, I was still facing a very serious allegation.

"I hoped that the trial of this case could be resolved while my child was still alive as I wanted her to know how it would end," he said.

He added that his daughter passed away shortly after he was acquitted in 2023.

Shahrir said that the authorities also seized a Honda Civic Hybrid and RM200,000 from his family's fixed deposit account in 2020, only returning the assets three years later.

Shahrir was represented by lawyers Datuk Firoz Hussein Ahmad Jamaluddin and Datuk Syed Faisal Al-Edros Syed Abdullah Al-Edros. Thomas was represented by Alan Adrian Gomez and Haikaldin Mahyidin, while senior federal counsels Liew Horng Bin and Zureen Elina Mohd Dom appeared for the remaining defendants.

The trial is slated to continue before High Court judge Gan Techiong on Sept 4, with Gomez set to continue his cross-examination of Shahrir.