PUTRAJAYA, Nov 29 — The Court of Appeal today allowed lawyer Tan Sri Muhammad Shafee Abdullah to intervene in Datuk Seri Anwar Ibrahim’s appeal regarding his (Anwar’s) civil action against the government over his sodomy conviction.
Justice Datuk Vernon Ong Lam Kiat, who led a three-man panel, said Muhammad Shafee’s legal interest would be affected as the gist of the claim in Anwar’s originating summons was regarding allegations of RM9.5 million payment to him (Muhammad Shafee).
"It is quite clear not only Muhammad Shafee was made a party in a discovery (of documents) application at the High Court, he had also filed a striking-out application and attended court proceedings twice in the High Court. Muhammad Shafee should be granted leave to intervene in this appeal,” he said.
Justice Ong, however, dismissed his (Muhammad Shafee’s) application to expunge an affidavit made by the Attorney-General’s special task officer, Siti Rahayu Mohd Mumazaini, and to cross-examine her.
The other judges on the panel were Justices Datuk Mary Lim Thiam Suan and Datuk Hasnah Mohammed Hashim.
Muhammad Shafee sought to intervene in the appeal following an affidavit affirmed by Siti Rahayu stating new information was discovered that RM9.5 million was paid to Muhammad Shafee from former Prime Minister Datuk Seri Najib Tun Razak’s bank accounts between 2013 and 2014.
Anwar, who is PKR president, filed the originating summons on June 9, 2017 against the government claiming that he did not get a fair trial in the appeal against his sodomy II 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, and he also wanted to nullify the Federal Court’s decision which had upheld his conviction.
In his affidavit, Anwar claimed Muhammad Shafee received RM9.5 million from Najib to lead the prosecution team in the appeal over his sodomy conviction.
Anwar’s conviction and five years’ jail term for sodomising his former aide Mohd Saiful Bukhari Azlan was upheld by the Federal Court. Anwar, however, was given full pardon by the King on May 16 this year.
His originating summons was struck out by the Kuala Lumpur High Court on Nov 8, last year which allowed the government’s application on grounds that the case did not have any cause of action and it was an abuse of the court process.
Lawyer Harvinderjit Singh represented Muhammad Shafee and lawyer Datuk Gopal Sri Ram, for Anwar. Senior federal counsel Datuk Amarjeet Singh appeared for the government. — Bernama
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