Judge Muhammad Jamil Hussin allowed the application after hearing arguments from Shafee, 66, who represented himself and deputy public prosecutor Afzainizam Abdul Aziz.
“After studying the affidavit and arguments of both sides, I agree with the applicant (Shafee) that there is no element involved in him absconding,” he said.
In this regard, he allowed Shafee’s application and ordered the counsel to return his passport at the latest by Dec 26 after returning from Perth.
Earlier in his argument, Shafee applied for his passport to be temporarily returned to him to enable him to travel to Perth from Dec 21 and 24 on work matters as a lawyer.
“I have a case in Sydney, Australia, defending a Malaysian from Johor Bahru and I have to travel to interview two witnesses in Perth who would be there from Dec 19 to Jan 15 to celebrate Christmas.
“Earlier, all my applications for passport were allowed by the court, except one application which was turned down by Kuala Lumpur High Court Judge Collin Lawrence Sequerah on May 14 2019.
“Nonetheless, on my appeal, it was reversed by the Court of Appeal which decided there was no element of absconding,” he said.
Afzainizam had earlier objected to Shafee’s application as the lawyer was facing very serious charges.
In this regard, he urged the court to use its discretion to make a decision based on the seriousness of the offences faced by the lawyer.
On Sept 13, Shafee pleaded not guilty to receiving RM9.5 million from illegal proceeds through cheques issued by former prime minister Najib Razak into his CIMB Bank Berhad account.
The lawyer had allegedly received a cheque for RM4.3 million on Sept 13 2013 and one more for RM5.2 million on Feb 14, 2014.
Shafee was charged with committing both offences at CIMB Bank Bhd, J2& K1, Taman Tunku, Bukit Tunku, here.
The allegation under Section 4(1) (a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Amla) carries a fine not exceeding RM5 million or jail up to five years or both if found guilty.
Shafee was also charged under the Income Tax Act with two counts of making false declarations to the Inland Revenue Board for not including the RM9.5 million in his tax filing for the year.
Shafee is also facing two counts of engaging in transactions arising from illegal activities of filing a false statement and contrary to paragraph 113 (1) (a) of the Income Tax Act 1967 for the financial years ended Dec 31, 2013 and Dec 31, 2014.
The accused was charged with the offence at the Inland Revenue Board (IRB) of the Duta Government Office Complex, Jalan Tunku Abdul Halim, here on March 3, 2015 and June 29, 2015.
For the offence, Shafee faces a maximum jail term of 15 years and a fine of not less than five times the amount of illegal activity, if convicted.