PETALING JAYA: The prosecution has discontinued its appeal from a High Court decision acquitting lawyer Shafee Abdullah of money laundering charges amounting to RM9.5 million.
In a statement, law firm Shafee & Co said the attorney-general had filed a notice of discontinuance of the appeal in the Court of Appeal.
“Accordingly, the said appeal before the Court of Appeal is deemed dismissed pursuant to Rule 73 of the Rules of the Court of Appeal 1994,” it added.
On Sept 13, 2018, Shafee claimed trial to charges of receiving proceeds from unlawful activities via cheques issued by former prime minister Najib Razak, remitted into his CIMB Bank Bhd accounts.
He was alleged to have received a cheque for RM4.3 million on Sept 13, 2013, and another for RM5.2 million on Feb 17, 2014.
Shafee was also charged with submitting incorrect tax returns for the financial years ending Dec 31, 2013 and Dec 31, 2014, which omitted income totalling RM9.5 million from his tax returns.
However, on Oct 28 last year, Shafee was acquitted by the High Court of all charges without his defence being called after Justice Jamil Hussin held that the prosecution had failed to establish a prima facie case against him.
Jamil ruled that there was no testimony by any of the prosecution witnesses to show that the accused had committed a predicate offence in the receipt of the cheques.
Instead, the judge ruled that the prosecution was bound by the testimony of its own witnesses.
“The testimony (of Malaysian Anti-Corruption Commission investigating officer Fariq Jabar) showed that there was no illicit activity which took place when the recipient received both cheques, and that the money was not from (any) illicit activity,” the judge said.
The prosecution filed its notice of appeal on Nov 1 last year.