A-G's Chambers duty-bound to file affidavit on RM9.5 million, court told


Bede Hong

Umno lawyer Muhammad Shafee Abdullah (centre) has been charged with money laundering and tax evasion, in relation to payments totalling RM9.5 million he received from the former prime minister in 2014. – The Malaysian Insight pic, September 14, 2018.

THE Attorney-General’s Chambers was doing its duty in service of truth when one of its officers filed an affidavit relating to RM9.5 million the former prime minister paid to Umno lawyer Muhammad Shafee Abdullah in 2014, the Court of Appeal was told today.

Senior federal counsel Zureen Elina Mohd Dom told Court of Appeal judge Umi Kalthum Abdul Majid that the AGC had a duty to reveal the truth via the sworn affidavit filed on Sept 5.

Shafee had acted as ad hoc prosecutor in the prosecution’s appeal against Anwar Ibrahim’s acquittal in a sodomy trial in 2014. The prosecution proved successful and the acquittal was reversed the same year.

The PKR president-elect, who has filed to overturn the reversal, is citing the affidavit as fresh evidence that Shafee received RM9.5 million for his services from former prime minister Najib Razak.

In submitting Anwar’s appeal to the court today, Zureen said the affidavit was filed on the orders of Attorney-General Tommy Thomas.

“The A-G was of the view that he has a duty to inform the truth pertaining to information on the RM9.5 million,” Zureen said.

Anwar’s lead counsel Gopal Sri Ram then requested for the hearing to be adjourned to September 21 for case management and November 29 to hear Shafee’s application to intervene, which the appellants received yesterday. 

On the bench today were Justices Yeoh Wee Siam and Harminder Singh Dhaliwal. Harvinderjit Singh, Sarah Abishegam and Farhan Shafee represented Shafee.

Anwar, who was convicted in 2014 and jailed a year later, said earlier this month that his lawyers received an affidavit signed by an officer of the AGC which backed his claim that the Umno lawyer was paid the amount for his role in appeal to have his acquittal overturned.

The officer alleged that Najib had issued two cheques on September 11, 2013 and February 14, 2014, for RM4.3 million and RM5.2 million, respectively, and that Shafee received the money in his account on September 13, 2013 and February 17, 2014.

Anwar is appealing against a high court decision in February to strike out his previous application to overturn his conviction due to a lack of evidence.

Anwar’s latest application to overturn his conviction is based on a Sarawak Report in May last year, alleging that the funds transferred to Shafee came from a bank account that was funded by money allegedly stolen by Najib from former 1Malaysia Development Bhd subsidiary SRC International Sdn Bhd.

Anwar alleges that Shafee’s appointment as ad hoc prosecutor was not free from bias or suspicion, and the prosecution’s integrity was compromised as Shafee was paid by Najib.

Shafee claimed trial yesterday to money laundering and tax offences related to the RM9.5 payment he received. The Kuala Lumpur sessions court granted him bail at RM1 million. 

In May, Anwar received a full pardon from the Yang di-Pertuan Agong for his sodomy conviction which was also expunged from the record. –  September 14, 2018.


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