The defiant lawyer says case against him is very shaky.
- Alleged would not get a fair trial with Gopal Sri Ram as they have an unpleasant relationship
- Claims the charges are politically motivated, baseless and with ulterior motives
- Seeking to bring his case to the High Court to be tried
- Confident in winning the case
Tan Sri Dr Muhammad Shafee Abdullah told the Sessions Court that he will file an application to disqualify Datuk Seri Gopal Sri Ram from leading the prosecution against him.
Earlier, the prominent lawyer claimed trial to two charges under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 involving RM4.3 million and RM5.2 million received from former prime minister Datuk Seri Najib Tun Razak.
He also pleaded not guilty to two charges of making incorrect returns by omitting or understating any income under the Income Tax Act.
Shafee said he would not get a fair trial with Gopal leading the prosecution.
“I am giving notice now as I do not want to be accused of recusing him later as an afterthought,” he told judge Azura Alwi from the dock.
He cited conflict of interest when asking for the disqualification as Gopal is representing Datuk Seri Anwar Ibrahim in a civil matter involving the same RM9.5 million which Shafee is being charged for.
“Anwar is claiming I received the RM9.5 million while handling his Sodomy II appeal and that he was not tried fairly, but Datuk Seri Sri Ram is representing him in that case.
“How can he then conveniently prosecute the same case here? It would only make his argument in the Court of Appeal more concrete.
“I thought Anwar had all his records wiped out when he was granted the royal pardon, so why is he fighting over the RM9.5 million?” Shafee told reporters at the lobby of the Kuala Lumpur Court Complex this afternoon.
He also acknowledged that he viewed Gopal as an adversary in the courtroom and revealed that he has a history with Gopal in the sense that they do not have “a very pleasant relationship” which he described as lukewarm at best.
He said they pretended to be civil with each other in court. This started way back in the late 1970s when Shafee was a young deputy public prosecutor in the Attorney General’s Chambers.
“There have been several occasions that have caused irritation between us; therefore, I feel he is not suitable to be leading the prosecution on my case,” he said.
https://www.youtube.com/watch?v=nHx0IZupPgI
In response, Gopal said he will await Shafee’s application.
A defiant Shafee said the money-laundering charges against him will not stick as the prosecution had put together a shaky case, adding that the charges were “political” as part of fulfilling campaign promises made by Pakatan Harapan in the run-up to GE14.
“It is quite clear that if they cannot prove that I knew the money I received from Datuk Seri Najib is, in fact, illegal money, then the four charges are gone.
“I feel the motive is, one, surely Datuk Seri Anwar Ibrahim, then those who are in the Attorney General’s Chambers, you can guess who, those permanent and part-time.
“It is done by those who want to eliminate me from the lineup of lawyers who are representing Datuk Seri Najib in his case, maybe they feel scared because our lineup is strong,” Shafee hinted.
He expressed confidence in vindicating himself, adding that his defence team are currently looking at filing an appeal to bring his case to the High Court to be tried.
“Cases of this complication, I think a High Court judge is better suited, so we are contemplating moving the case.
“If you give me an independent judge, I don’t want one who is favourable to me. I can almost tell you we will win the case,” he added when asked if he expects to be tried fairly.
Shafee was allowed a bail of RM1 million with two sureties with RM500,000 to be paid by Thursday (Sept 13), while the remaining RM500,000 is to be paid by Tuesday (Sept 18).
Shafee is leading the defence team for Najib’s charges of criminal breach of trust, money laundering and abuse of power.
On Sept 6, the Attorney General’s Chamber issued an affidavit claiming that Shafee received payments amounting to RM9.5 million from Najib between 2013 and 2014.Allegations have surfaced that the payments were made to prosecute Anwar in the Sodomy II appeals at the Court of Appeal and the Federal Court.
Shafee denied the allegations, saying that the payments were for legal services done for Umno and Barisan Nasional.
Earlier reports:
Sept 13, Shafee Staring at 15 Years’ Jail over Money Laundering, Tax Evasion Charges
Sept 11, Shafee could be Scrutinised by Taxman over RM9.5M
Sept 9, Bar Council Urged to Take Action Against Shafee over RM9.5M Payment
Sept 7, Damning Affidavit Confirms Najib Paid Shafee RM9.5M