PUTRAJAYA – The Federal Court today struck out lawyer Tan Sri Muhammad Shafee Abdullah’s application to obtain leave to appeal against the Court of Appeal’s refusal to expunge an affidavit containing an allegation that he received RM9.5 million from Datuk Seri Najib Razak.
A three-member panel led by Court of Appeal president Tan Sri Rohana Yusuf said all the matters that Shafee sought to raise in today’s proceedings can be done so in the main appeal hearing at the appellate court scheduled in March.
This was after Shafee’s counsel, Harvinderjit Singh, agreed to withdraw the leave to appeal application if the parties are in agreement that the issue of the admissibility of the affidavit has not been determined.
Lawyer Datuk Seri Gopal Sri Ram, appearing for opposition leader Datuk Seri Anwar Ibrahim, and senior federal counsel Suzana Atan, acting for the government, argued that Shafee’s leave to appeal bid is premature, as matters regarding the admissibility of the affidavit can be raised and determined in the Court of Appeal.
The proceedings today before Rohana, as well as Federal Court judges Datuk Nallini Pathmanathan and Datuk Harmindar Singh Dhaliwal, were conducted virtually.
Shafee is seeking leave to pursue his appeal against the Court of Appeal’s refusal to expunge an affidavit by former attorney-general Tan Sri Tommy Thomas’ special task officer, Siti Rahayu Mohd Mumazani, and to cross-examine her.
Siti Rahayu had filed an affidavit containing an allegation that RM9.5 million from former prime minister Najib’s accounts was paid to Shafee between 2013 and 2014.
The Court of Appeal, in 2018, allowed Shafee to intervene in Anwar’s appeal in relation to his civil action against the government over his sodomy conviction involving former aide Mohd Saiful Bukhari Azlan.
The Port Dickson MP is appealing at the Court of Appeal against the November 8, 2017 decision of the Kuala Lumpur High Court to allow the government’s application to strike out his originating summons.
The appeal is scheduled to be heard on March 5.
In his originating summons filed against the government on June 9, 2017, Anwar said he did not get a fair trial in the appeal against his sodomy conviction.
In his affidavit, he said Shafee received RM9.5 million from Najib to lead the prosecution in the appeal over his sodomy conviction.
Anwar is seeking a declaration that his conviction by the Court of Appeal on March 7, 2014 is ultra vires the federal constitution, and thus, null and void.
He also wants the same declaration over the Federal Court’s decision to uphold the appellate court’s ruling regarding his conviction and five-year jail term.
Anwar was granted a full pardon by the king on May 16, 2018.
Lawyer J. Leela also appeared for Anwar, while senior federal counsel Shamsul Bolhassan acted alongside Suzana for the government. – Bernama, January 21, 2021
