Former prime minister Najib Razak told the Kuala Lumpur High Court today that he was not prepared to testify in the trial of Shahrir Ab Samad, who is facing charges of failing to declare RM1 million allegedly received from him, without the presence of his lawyer.
Najib, 69, who is the prosecution's 23rd witness, said his lawyer, Muhammad Shafee Abdullah, could not be in court today as he was out of town.
"I request to testify on Jan 5, when my lawyer (Shafee) will be present because it is important for my lawyer to be with me," he said.
Deputy public prosecutor Rasyidah Murni Azmi asked the court to consider the matter while lawyer Firoz Hussein Ahmad Jamaluddin, representing Shahrir, raised no objection.
Judge Muhammad Jamil Hussin then set Jan 5 for Najib to appear in court to testify in the case.
The trial continued with the defence's cross-examination of the 22nd prosecution witness, Malaysian Anti-Corruption Commission assistant superintendent Nurzahidah Yacop.
Shahrir, 73, a former Johor Bahru MP, faces a charge of money laundering by failing to state his real income in the income tax return form for assessment year 2013 – a violation of Section 113(1)(a) of the Income Tax Act 1967 – in relation to the RM1 million, believed to be from unlawful activities, which he received from Najib.
He was charged with committing the offence at the Inland Revenue Board, Duta branch, at the Government Office Complex in Jalan Tuanku Abdul Halim on April 25, 2014.
The charge, under Section 4(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, provides for imprisonment of up to five years, a fine of RM5 million or both, upon conviction.