THE Federal Court has fixed May 20 to hear lawyer Muhammad Shafee Abdullah’s application for leave to appeal against the Court of Appeal’s refusal to expunge an affidavit by a former attorney-general’s special officer.
The affidavit was filed by Siti Rahayu Mohd Mumazani in connection with PKR president Anwar Ibrahim’s civil action against the government over “new information” that Shafee was paid RM9.5 million from former prime minister Najib Razak’s accounts between 2013 and 2014.
In his originating summons, Anwar said he did not get a fair trial in the appeal against his second sodomy conviction.
His counsel, J. Leela, said the matter came up for case management today.
She said lawyer Sarah Abishegam, representing Shafee, requested an adjournment of the hearing as Shafee leads the defence in the 1Malaysia Development Bhd trial, and the hearing of that case is scheduled to resume on May 13.
The court registry asked the counsel to put the matter in writing, she added.
Najib faces four counts of abusing his position to obtain gratification totalling RM2.3 billion in 1MDB funds and 21 counts of money-laundering involving the same sum.
On November 29, 2018, the Court of Appeal dismissed Shafee’s application to expunge Siti Rahayu’s affidavit and cross-examine her.
The court, however, allowed Shafee to intervene in Anwar’s appeal regarding the latter’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, as well as a nullification of the apex court’s decision upholding his conviction.
In his affidavit, Anwar said Shafee received RM9.5 million from Najib to lead the prosecution in the appeal regarding the sodomy conviction.
Anwar’s conviction and five-year jail term for sodomising his former aide, Mohd Saiful Bukhari Azlan, were upheld by the Federal Court. However, he was granted a full pardon by the king on May 16, 2018.
His originating summons was struck out by the Kuala Lumpur High Court on November 8, 2017. The court allowed the government’s application on the 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 at the Court of Appeal. – Bernama, May 6, 2020.
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