The Court of Appeal here today rejected lawyer Muhammad Shafee Abdullah’s application to admit an affidavit of former attorney-general (AG) Mohamed Apandi Ali, in his bid to recuse Gopal Sri Ram from leading the prosecution in his RM9.5 million money laundering case.
A three-member bench chaired by judge Abdul Karim Abdul Jalil, unanimously dismissed the application based on Section 61 of the Courts of Judicature Act. The section deals with additional evidence during an appeal.
Justice Abdul Karim who presided over the appeal with judges Vazeer Alam Mydin Meera and Che Mohd Ruzima Ghazali, however, allowed Muhammad Shafee's (photo, above) application to introduce other evidence in his appeal.
These are Sri Ram’s letter of appointment as ad-hoc prosecutor, as well as affidavits by former AG Tommy Thomas, Malaysian Anti-Corruption Commission (MACC) chief commissioner Azam Baki and Sri Ram from another proceeding ( judicial review application).
The matter was confirmed by lawyer Harvinderjit Singh, who acted for Muhammad Shafee, while deputy public prosecutor Mohamad Mustafa P Kunyalam, represented the prosecution.
In September last year, Muhammad Shafee filed an application for additional evidence to bolster his appeal to disqualify Sri Ram from prosecuting in his RM9.5 money laundering case.
Muhammad Shafee was appealing against the Kuala Lumpur High Court’s decision on April 22, 2019, to dismiss his bid to disqualify Sri Ram from prosecuting in his RM9.5 million money laundering case. The trial has to commence.
On June 14, 2020, it was reported that Mohamed Apandi filed an affidavit in relation to an allegation that Sri Ram tried to coax the then attorney-general to arrest the then premier Najib Abdul Razak in early 2018.
Muhammad Shafee pleaded not guilty in the Kuala Lumpur Sessions Court on Sept 13, 2018, to two counts of allegedly receiving proceeds from unlawful activities via cheques issued by Najib, which were remitted into his CIMB Bank Berhad account.
He allegedly received a cheque for RM4.3 million on Sept 13, 2013, and another for RM5.2 million on Feb 17, 2014. Both the offences were allegedly committed at the CIMB Bank branch in Taman Tunku, Bukit Tunku, Kuala Lumpur.
Muhammad Shafee is also facing two charges of being involved in transactions of proceeds from unlawful activities, namely, by making inaccurate statements and in contravention of paragraph 113(1)(a) of the Income Tax Act 1967 for financial years ending Dec 31, 2013, and Dec 31, 2014.
The offences were allegedly committed at the Inland Revenue Board’s Duta branch at the Government Office Complex, Jalan Tuanku Abdul Halim, here, on March 3, 2015, and June 29, 2015.
- Bernama
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