The Attorney General Chambers (AGC) told the Court of Appeal today that it was performing its duty in filing an affidavit to reveal the truth regarding RM9.5 million paid to senior lawyer Muhammad Shafee Abdullah.
Senior federal counsel Zureen Elina Mohd Dom said this when submitting to a three-member Court of Appeal bench led by Justice Umi Kalthum Abdul Majid.
She was submitting on incoming PKR president Anwar Ibrahim's appeal over his originating summons against the government challenging his second conviction for sodomy in relation to the RM9.5 million paid out to Shafee by former premier Najib Abdul Razak.
Justice Umi Kalthum wanted to know the chambers' and the government's position in the appeal over the filing of the affidavit dated Sept 5.
Zureen said the government was not conceding to Anwar's originating summons with regards to the appeal.
"On the affidavit, it was filed on instruction of the AG (Tommy Thomas [below]) himself. The reason being the AG was of the view that he has a duty to inform the truth pertaining to the information of the RM9.5 million (paid to Shafee)," the senior federal counsel said.
Zureen and Anwar's counsel former Federal Court judge Gopal Sri Ram then told the bench that included Justices Harminder Singh Dhaliwal and Yeoh Wee Siam, that they received Shafee's motion to intervene in this case late yesterday afternoon.
Shafee wants to expunge affidavit
Counsel Harvinderjit Singh for Shafee told the court they wanted to intervene due to the circumstances of the affidavit made.
It is understood that Shafee wants to intervene to expunge the affidavit filed by the AGC's special task officer Siti Rahayu Mohd Mumazaini or alternatively to cross-examine her.
Yesterday, Shafee was charged with two counts of money laundering and another two counts of making a false declaration regarding his tax returns pertaining to two cheques he received from Najib for RM9.5 million. The senior lawyer claimed trial.
Sri Ram told the court his client would oppose Shafee's application to intervene and proposed hearing that application first. Sri Ram had led the prosecution team in charging Shafee yesterday.
It was reported last week that the AG's Chambers affirmed in the affidavit that it had discovered new evidence that the RM9.5 million paid to Shafee originated from Najib's account.
The affidavit was affirmed in response to Anwar's appeal today and included a copy of two cheques from Najib dated Sept 11, 2013, and February 14, 2014, to Shafee for RM4.3 million and RM5.2 million respectively.
On request by Sri Ram, the appellate court today fixed Nov 29 to hear Shafee's application to intervene and Sept 21 for case management.
J Leela appeared with Sri Ram for Anwar while Harvinderjit along with Sarah Abishegam and Farhan Shafee for Shafee.
Anwar is appealing the striking out of his suit by the Kuala Lumpur High Court regarding his second sodomy conviction, claiming the payment to Shafee shows that he was not accorded a fair trial.
Sri Ram, when met outside court, commended the AG for helping to reveal the truth as otherwise he (the AG) may have been accused of suppressing material evidence.