Friday 29 Mar 2024
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Note: This story has been amended for accuracy.

PUTRAJAYA (Jan 21): Lawyer Tan Sri Shafee Abdullah has failed in his leave application to have the Federal Court hear the merits to expunge an affidavit related to the money laundering and tax evasion charges against him involving RM9.5 million, which is alleged to have come from 1Malaysia Development Bhd (1MDB), here today.

The matter will now be heard in the Court of Appeal on March 5.

Shafee's counsel Harvinderjit Singh agreed to withdraw the leave to appeal application if parties were in agreement that the issue of the admissibility of the affidavit had not been determined. 

The three-judge panel was led by Court of Appeal President Tan Sri Rohana Yusuf, who said Shafee’s application should be taken before the appellate court and an order was made that Shafee will be able to raise all issues regarding the affidavit’s admissibility in the Court of Appeal.

It was reported that the affidavit, filed by Siti Rahayu Mohd Mumazani, a former special officer to the attorney-general (AG), is linked to PKR president Datuk Seri Anwar Ibrahim’s civil action against the government.

In his originating summons, Anwar was reported to have claimed that he did not get a fair trial in the appeal against his second sodomy conviction after former prime minister Datuk Seri Najib Razak paid Shafee to lead the prosecution team in the case in the Court of Appeal and the Federal Court.

In Siti Rahayu’s affidavit, she was reported to have claimed that new information was discovered, revealing that Shafee was paid RM9.5 million from Najib's bank accounts between 2013 and 2014.

The three-person bench today held that Shafee’s bid to expunge the affidavit should be dismissed as it can be brought up during Anwar’s Sodomy 2 suit against the government on March 5. 

The other judges on the bench were Justices Datuk P Nallini and Datuk Harmimdar Singh Dhaliwal. 

The judges ruled that there would be no order to cost for Shafee in the hearing via Zoom proceedings this morning. 

Lawyer Harvinderjit Singh represented Shafee, while Datuk Seri Gopal Sri Ram and J Leela represented Anwar. The government was represented by senior federal counsel Suzana Atan.

Sri Ram and Suzana had both submitted that Shafee’s leave application was premature and should be struck out from being heard during the March 5 appeal hearing. 

News reports indicated that on Nov 29, 2018, the Court of Appeal dismissed Shafee's application to expunge Siti Rahayu's affidavit and cross-examine her.

It was reported that the court, however, allowed Shafee to intervene in Anwar's appeal regarding the latter’s civil action against the government over his sodomy conviction.

Edited BySurin Murugiah
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