Shafee allowed to intervene in Anwar's appeal

A three-member Court of Appeal bench has today allowed senior lawyer Muhammad Shafee Abdullah to intervene in PKR president Anwar Ibrahim's appeal regarding his originating summons on the allegation he was not given a fair trial owing that RM9.5 million was paid to Shafee.

Justice Vernon Ong who led the bench, however, does not allow Shafee to expunge the affidavit filed by the Attorney-General’s Chambers special task officer Siti Rahayu Mohd Mumazaini or to cross-examine her.

"The decision is unanimous as leave should be granted for Shafee to intervene as his legal interest would be affected as the gist of (Anwar's) the claim was to the payment of the RM9.5 million to Shafee.

"Furthermore, Shafee was made a party in the discovery application (by Anwar) and he had attended the proceedings on two occasions at the High Court," he said.

Justice Ong allowed Shafee to intervene with no order as to costs.

The other judges were Justice Mary Lim and Justice Hasnah Mohamed Hashim.

Anwar is appealing his originating summons which he filed against the government but had been struck out by the High Court last year.

He is claiming that he was not given a fair hearing in the Sodomy II appeal at the Court of Appeal and the Federal Court owing to Shafee's appointment as prosecutor and that the latter was paid RM9.5 million via two cheques by then prime minister Najib Abdul Razak to secure a conviction.

Anwar further claimed that this infringed his rights under Article 5 of the Federal Constitution.

Siti Rahayu had affirmed an affidavit on June 29 this year confirming that Shafee was paid the amount via two cheques dated Sept 11, 2013 and Feb 14, 2014.

The affidavit was affirmed just before Anwar's hearing of the appeal on the grounds that she had to reveal new information received by the AG’s Chambers.

Subsequently, Shafee (photo) was charged with two counts of money laundering for that amount on Sept 13 this year.

Shafee was represented by Havinderjit Singh and Sarah Abishegam while Gopal Sri Ram and J Leela appeared for Anwar, who opposed to the senior lawyer’s intervention.

Senior federal counsel Amarjeet Singh along with Alice Loke and Suzana Atan did not object to Shafee intervening but objected to his application to expunge Siti Rahayu's affidavit.

Following today's development, the appellate court will fix another date to hear Anwar's appeal against the striking out of his originating summons.  - Mkini