Recusing Sri Ram: Shafee fails to admit Apandi’s affidavit

PUTRAJAYA: The Court of Appeal here yesterday rejected lawyer Tan Sri Muhammad Shafee Abdullah’s application to admit an affidavit of former Attorney-General (AG) Tan Sri Mohamed Apandi Ali, in his bid to recuse Datuk Seri Gopal Sri Ram from leading the prosecution in his RM9.5 million money laundering case.

A three-member bench chaired by Justice Datuk Abdul Karim Abdul Jalil, unanimously dismissed the application based on Section 61 of the Courts of Judicature Act. The section deals with additional evidence during an appeal.

Justice Abdul Karim who presided over the appeal with Justices Datuk Vazeer Alam Mydin Meera and Datuk Che Mohd Ruzima Ghazali, however, allowed Muhammad Shafee’s application to introduce other evidence in his appeal.

These are Sri Ram’s letter of appointment as adhoc prosecutor, as well as affidavits by former AG Tan Sri Tommy Thomas, Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Seri Azam Baki and Sri Ram from another proceeding (judicial review application).

The matter was confirmed by lawyer Harvinderjit Singh, who acted for Muhammad Shafee, while deputy public prosecutor Mohamad Mustafa P. Kunyalam, represented the prosecution.

In September last year, Muhammad Shafee filed an application for additional evidence to bolster his appeal to disqualify Sri Ram from prosecuting in his RM9.5 money laundering case.

Muhammad Shafee was appealing against the Kuala Lumpur High Court’s decision on April 22, 2019 to dismiss his bid to disqualify Sri Ram from prosecuting in his RM9.5 million money laundering case. The trial has to commence.

On June 14, 2020, it was reported that Mohamed Apandi filed an affidavit in relation to an allegation that Sri Ram tried to coax the then attorney-general to arrest the then premier Datuk Seri Najib Tun Razak in early 2018.

Muhammad Shafee pleaded not guilty in the Kuala Lumpur Sessions Court on Sept 13, 2018 to two counts of allegedly receiving proceeds from unlawful activities via cheques issued by Najib, which were remitted into his CIMB Bank Berhad account.

He allegedly received a cheque for RM4.3 million on Sept 13, 2013, and another for RM5.2 million on Feb 17, 2014. Both the offences were allegedly committed at the CIMB Bank branch in Taman Tunku, Bukit Tunku, Kuala Lumpur. - Bernama