Federal Court sets May 20 to hear Shafee’s leave to appeal

PUTRAJAYA, May 6 — The Federal Court has fixed May 20 to hear lawyer Tan Sri Muhammad Shafee Abdullah’s application for leave to appeal against the Court of Appeal’s refusal to expunge an affidavit made by a former attorney-general’s special task officer.

The affidavit was filed by Siti Rahayu Mohd Mumazani in connection with PKR president Datuk Seri Anwar Ibrahim’s civil action against the government stating new information was discovered that RM9.5 million was paid to Muhammad Shafee from former Prime Minister Datuk Seri Najib Razak’s bank accounts between 2013 and 2014.

In his originating summons, Anwar claimed he did not get a fair trial in the appeal against his sodomy II conviction.

Anwar’s lawyer, J. Leela said the matter came up for case management today.

She said counsel Sarah Abishegam, representing Muhammad Shafee, had requested the court to adjourn the hearing as Muhammad Shafee, who is the lead counsel in the 1Malaysia Development Berhad (1MDB) trial, and the hearing of the case is scheduled to resume on May 13

The court registry has asked Shafee’s counsel to write in officially, she added.

Najib, is facing 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.

On November 29, 2018, the Court of Appeal dismissed Muhammad Shafee’s application to expunge Siti Rahayu’s affidavit and to cross-examine her.

The court, had however allowed Muhammad Shafee to intervene in Anwar’s appeal regarding his (Anwar’s) civil action against the government over his sodomy conviction.

In his originating summons filed on June 9, 2017 against the government, Anwar 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 Yang di-Pertuan Agong on May 16, 2018.

His (Anwar’s) originating summons was struck out by the Kuala Lumpur High Court on November 8, 2017 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.

Anwar’s appeal to reinstate his suit is pending in the Court of Appeal. — Bernama