KUALA LUMPUR - Datuk Seri Anwar Ibrahim's bid to overturn his sodomy conviction following allegations that Tan Sri Dr Muhammad Shafee Abdullah was paid RM9.5mil has been struck out.
High Court (Appellate and Special Powers) judge Justice Azizah Nawawi dismissed the suit in chambers. In her judgment, she said claims that Shafee was paid RM9.5 million was an allegation not backed by evidence, and ordered Anwar to pay RM10,000 in cost to the Government.
Shafee had led the prosecution team in the Court of Appeal and Federal Court in Anwar's Sodomy II case.
On June 9, Anwar filed an originating summons against the Government for his immediate release.
In his affidavit in support, Anwar said he believed the documents were in Prime Minister Datuk Seri Najib Tun Razak and Shafee's possession, custody or power, or could be readily obtained from their respective banks or authorised to be released by both.
He said that on Jan 9, 2012, the High Court acquitted him of sodomising his aide and the public prosecutor filed an appeal against the decision.
Anwar claimed Shafee had a material interest in prosecuting him, was not independent and did not discharge his duty fairly.
In his affidavit in support, he said the impression given to the public at the material time through a statement made by Minister in the Prime Minister's Department Datuk Nancy Shukri in Parliament was that Shafee was paid a mere RM1,000 to conduct the prosecution against him.
Anwar said his guaranteed right under Article 5(1) of the Federal Constitution to a fair trial was violated and the findings by the Court of Appeal and the Federal Court could not stand, and were null and void.
Senior federal counsel Nadia Hanim Mohd Tajuddin acted for the Government while N. Surendran and Latheefa Koya represented Anwar.
When met after the proceedings, Surendran said they would file an appeal.