AGC under Tommy Thomas may be attempting to put the fix on Najib’s trial

TTF: Following is a news editorial by the NST Online with reactions by TTF incorporated in red:


NST: KUALA LUMPUR: Tan Sri Dr Muhammad Shafee Abdullah denied that he received payment for his involvement in prosecuting PKR president-election Datuk Seri Anwar Ibrahim’s Sodomy II appeals.

Shafee was responding to allegations by Anwar that Shafee had received payments of RM9.5 million in two tranches of RM4.3 million and RM5.2 million in 2013 and 2014, respectively, from former prime minister Datuk Seri Najib Razak’s personal account.

TTF: On the 7th of September 2018, Dato’ Seri Anwar Ibrahim, in a statement issued by his office, said his lawyers had received an affidavit signed by an officer in the AG’s Chambers on Thursday (Sept 6) morning.  

In the affidavit, the AGC (led by Tommy Thomas) claimed that lawyer Tan Sri Muhammad Shafee Abdullah received payments amounting to RM9.5mil from former prime minister Datuk Seri Najib Tun Razak between 2013 and 2014.  

NST: “One of these allegations is that these two payments were made as a reward for me to prosecute Anwar in the Sodomy II appeals at the Court of Appeal and the Federal Court.

“I have denied this allegation on record in an affidavit that I have affirmed on Aug 3, 2017, in the proceeding brought about by Anwar in his Originating Summon in the High Court of Kuala Lumpur vide WA-24-36- 06/2017. I still maintain that the averment was and is the truth,” Shafee said in a statement today.

TTF: It is extraordinarily peculiar that the AGC failed to acknowledge this when issuing the 6th September 2018 affidavit (as I have been informed by a party that sighted the affidavit).

NST: Upon being offered to take the task of prosecuting the appeals of Anwar’s case, Shafee proposed to the then Attorney-General Tan Sri Gani Patail that he would undertake the assignment pro bono.

“When Gani suggested that an agreement is entered into between the government and me for purposes of that assignment, I had suggested RM1 to be the formal consideration amount.

“It was counter-suggested by Gani that an amount of RM1,000 is placed as consideration. This culminated in a written agreement dated July 19, 2013, reflecting the terms of my appointment as the ad hoc deputy public persecutor pursuant to a fiat (a legal authoritative decision that has absolute sanction). This document remains confidential as provided for therein.”

Shafee said Gani and current Attorney-General Chambers’ Appellate and Trial Division head Datuk Hanafiah Zakaria were fully aware of the conditions.

TTF: It is also extraordinarily peculiar that the AGC failed to acknowledge all this this when issuing the 6th September 2018 affidavit.

NST: “Najib was also fully aware of this agreement for me to undertake the assignment, virtually pro bono.

“For purposes of the record, I have never taken a single cent from the government or anybody else in relation to my undertaking of the prosecution of the appeals.

“I must stress that even the RM1,000 was never claimed by me to date. This can be confirmed by Hanafiah himself.”

TTF: It seems that the AGC under Attorney-General Tommy Thomas may have acted with mala fide intent to subvert corruption proceedings related to former premier Najib Razak

Earlier, Shafee pointed out that when Mahathir was asked by journalists whether Tommy Thomas was a crony of PH leaders, he retorted ‘lawyers take cases that bring in their income’

It should be noted that Mahathir advised the Yang di-Pertuan Agong to appoint Tommy as AG and has yet to demand his (Tommy’s) resignation despite the prejudice he (Tommy) displayed against the favour of Najib and in favour of Lim Guan Eng, both of whom were subject to equal scrutiny over corruption allegations.

Prior to his appointment, Tommy had represented Lim in the latter’s Bungalow-for-land scam corruption trial.

The AG had also written an article implicating Najib in a sceme to defraud 1MDB.

Tommy was clearly prejudiced from the get go but chose to appoint himself as lead prosecutor in Najib’s corruption trial.

It is extremely peculiar that Mahathir defended the appointment when asked by reporters about the element of prejudice that existed.

Although Tommy has since backed down, his Chambers went on to withdraw its case against Guan Eng – instead of applying for an extension – on the pretext that the prosecution’s case was weak.

Coupled with the harassment suffered by Shafee and the manner it seems to have been choreographed, it seems that the AG may be attempting to put the fix on Najib by subverting both his trial and the judiciary.

Source: NST Online

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