Ex-top cop says public funds abused in Umno lawyer’s appointment in sodomy case

Tan Sri Muhammad Shafee Abdullah was appointed ad hoc deputy public prosecutor in July last year to lead the prosecution in the government’s appeal against Datuk Seri Anwar Ibrahim’s acquittal on a charge of sodomising his former aide. – The Malaysian Insider file pic, October 20, 2014.

Retired policeman Datuk Mat Zain Ibrahim today called on the Cabinet to look into the alleged misuse of public funds to pay Tan Sri Muhammad Shafee Abdullah for his “unlawful” appointment as the deputy public prosecutor (DPP) in Datuk Seri Anwar Ibrahim's appeal in the sodomy case next week.

In a letter to Prime Minister Datuk Seri Najib Razak today, the former Kuala Lumpur Criminal Investigations Department (CID) chief said Shafee’s appointment was unlawful as he was under probe for allegedly giving false evidence in an affidavit.

“The agreement to pay for Shafee’s services, no matter the amount agreed upon, is under the jurisdiction of the finance minister alone, and public funds must be used.

“From the date of appointment, the finance minister and A-G are together responsible for Shafee’s actions and misconduct in the sodomy appeal,” Mat Zain wrote.

Mat Zain said that the A-G Chambers (AGC) had issued an order to probe Shafee on January 3, after he had lodged three police reports against the Umno lawyer last year over the affidavit.

Mat Zain said that the order to investigate had been concealed from those involved in Anwar’s March 6 and 7 sodomy hearing, and that the A-G had simply allowed Shafee to continue leading the prosecution team at that time.

He added that it would take less than five months for the investigations to be completed, yet there had been no word of the outcome.

“It’s clear that concealing the order of investigation from the relevant quarters and the (appeals) court was deliberate and deceptive, and has tainted the judicial process.

“Shafee’s attempts to swear on a statement that was untrue or false in his affidavit and to use it in the court proceedings is dishonest, especially since he is being paid by the public.

“Hence, you could say that Shafee maintained his position as counsel on behalf of the public prosecutor through unlawful means.”

Mat Zain added that the government had refused to disclose the sum paid to Shafee on the grounds that it was to “respect the professional ties and confidentiality between the employer and the employee”.

“This raises the question as to why the Cabinet ministers are so dead set on concealing any information related to Shafee.

“Not only did they conceal the amount of public funds paid to him, the order to investigate issued by the AGC on January 3… was also buried.”

Mat Zain said he only knew of the order to investigate Shafee’s affidavits on May 19 when police approached him to record his statement.

Anwar filed the application to remove Shafee last December 6 based on the claims in Mat Zain’s statutory declaration made public a few days earlier.

Tan S‎ri Abdul Gani Patail had appointed Shafee as ad hoc DPP in July last year to lead the prosecution in the government’s appeal against Anwar’s acquittal on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan, in 2008.

Mat Zain, in his 31-page SD, said he went with Shafee and former Commercial Crime Investigation Department director Datul Ramli Yusof to former prime minister Tun Dr Mahathir Mohamad's house during Hari Raya last year, where they allegedly discussed the wrongdoings of Gani.

Mat Zain lodged three police reports last December after learning that some contents in Shafee's affidavits filed in the Court of Appeal were false.

He also alleged that Shafee had suppressed material evidence with the intention of deceiving the court.

In March, the Court of Appeal sentenced Anwar to five years' jail, but granted him a stay on the sentence pending his appeal to the Federal Court.

The prosecution has also filed a cross-appeal for a heavier jail sentence.

- TMI