PUTRAJAYA: The Federal Court has fixed May 20 to hear a leave application by lawyer Muhammad Shafee Abdullah following his failure to expunge an explosive affidavit made by a former attorney-general’s special task force officer.
The affidavit was in connection with PKR president Anwar Ibrahim, who filed the action against the government, claiming he had not received a fair trial in the appeal against his sodomy conviction.
Anwar claimed Shafee received RM9.5 million from former prime minister Najib Razak to lead the prosecution team in the Court of Appeal and Federal Court beginning in 2013.
Siti Rahayu Mohd Mumazaini, who served under ex-attorney-general Tommy Thomas, filed the affidavit last year to support Anwar’s claim.
Anwar’s lawyer J Leela today said the May 20 date was subject to Shafee’s application to seek an adjournment as he was the lead counsel in the 1MDB trial which is scheduled to resume on May 13.
Najib faces four charges of abusing his position to obtain gratification totalling RM2.3 billion in 1MDB funds and 21 counts of money laundering involving the same money.
“The court registry has asked Shafee’s counsel to write in officially. I will have to get instruction from Anwar on whether to oppose the application,” she told FMT after case management before a deputy registrar today.
Leela also said Federal Court proceedings have been adjourned five times since March 27 last year.
Counsel Sarah Abishegam represented Shafee while federal counsel M Kogilambigai appeared for the government.
On Nov 29, 2018, the Court of Appeal dismissed Shafee’s application to expunge Siti Rahayu’s affidavit and to cross-examine her.
However, the appellate court allowed Shafee to be made a party in Anwar’s appeal now before the Court of Appeal.
In early 2015, the Federal Court upheld Anwar’s conviction and five-year jail term for sodomising his former aide Mohd Saiful Bukhari Azlan.
Anwar, however, was given a full pardon by the king on May 16, 2018.
On June 9, 2017, he filed an originating summons against the government, claiming he had not received a fair trial in the appeal against the sodomy conviction.
He sought a declaration that his conviction by the Court of Appeal on March 7, 2014 was ultra vires the Federal Constitution and thus null and void.
He also sought to nullify the Federal Court’s decision upholding the conviction.
On Nov 8, 2017, the High Court allowed the government’s application to strike out Anwar’s originating summons on grounds that the case did not have any cause of action and was an abuse of the court process.
Anwar filed an appeal to reinstate his suit which is pending in the Court of Appeal.
Siti Rahayu’s affidavit showed that two cheques amounting to RM9.5 million were received from Najib and deposited into Shafee’s CIMB Bank account on Sept 13, 2013 and Feb 17, 2014. - FMT
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