The Malaysian Insight

THE alleged RM9.5 million payout to Muhammad Shafee Abdullah, who was lead prosecutor in Anwar Ibrahim’s second sodomy trial, could result in a retrial based on the defence of political conspiracy, a human rights lawyer told a forum last night.

“If the RM9.5 million allegation is true, there could be a mistrial. Then there should be a retrial to re-examine Shafee,” said Malaysian Bar Constitutional Law Committee co-chairman Surendra Ananth.

Surendra, however, felt that there was nothing wrong with the payout if it was not connected to the evidence in Anwar’s case.

Prominent Umno lawyer Shafee was appointed lead prosecutor in Putrajaya’s appeal against Anwar’s acquittal of a sodomy charge.

The Court of Appeal on March 7, 2014, overturned the High Court’s acquittal of Anwar and sentenced him to five years in jail.

In an article posted on whistle-blower site Sarawak Report on May 31, it was alleged that Shafee had received RM9.5 million in two tranches paid directly from Prime Minister Najib Razak’s bank account.

Sarawak Report said it had seen documents from investigators alleging Najib paid Shafee using funds he received from state-owned SRC International Sdn Bhd, a former subsidiary of scandal-hit state investor 1Malaysia Development Bhd (1MDB).

It also alleged that Shafee was paid RM4.3 million in September 2013 and RM5.2 million in February 2014, the second payment being made two weeks before the Court of Appeal gave its ruling. 

“Assuming that the allegation (RM9.5 million) is true, I personally don’t think there is anything wrong with it because I don’t see how it links to the evidence in Anwar’s case,” Surendra said at the forum at Gerak Budaya in Petaling Jaya last night.

Surendra said the RM9.5 million only blew up because private lawyers hired by the government are supposed to be paid by public funds.

“The official statement from the government was that Shafee was paid RM1,000. So, when the RM9.5 million came up, it became a problem.”

Following the allegation by Sarawak Report, the Malaysian Bar and others lodged police reports urging the authorities to look into the claims.

Shafee has remained silent but last Friday, he told reporters at the Kuala Lumpur High Court complex that he would issue a statement on the matter soon.

The forum last night was moderated by Yusmadi Yusoff, founder of the Regional Initiatives for Governance, Human Rights & Social Justice (RIGHTS), who said that this was a chance for the government to clear allegations that Anwar’s trial was handled unfairly.

The talk was streamed live on the Gerak Budaya Facebook page with more than 32,000 views and more than 140 live views at the time of the broadcast. – June 14, 2017.