Anwar’s lawyer Latheefa Koya told reporters after meeting Justice Kamaludin Md Said in chambers today that lawyers for Najib and Shafee had just served them the strike-out documents.
She would seek further instructions from Anwar on the next course of action.
Najib’s lawyer Hafarizam Harun contended that Anwar’s discovery application was scandalous and vexatious.
Lawyer for Shafee, Sarah Abishegam, said Shafee filed his strike-out application today.
Anwar applied to the court on June 15 to make Najib and Shafee disclose their bank accounts for the three months from August 2013 and another three months from January 2014.
He also wanted Najib to reveal entries for transactions on Sept 11, 2013 and Feb 17, 2014, which he claimed showed payments of RM4.3 million and RM5.2 million respectively.
Anwar, in his supporting affidavit, said the payments were made to Shafee who was appointed ad-hoc prosecutor for the government in the Court of Appeal and Federal Court hearings on Anwar’s Sodomy 2 case.
“These payments were concealed from the courts and the plaintiff (Anwar) and rendered Shafee as not an independent prosecutor,” the affidavit said.
Meanwhile, another Anwar lawyer, N Surendran, said Justice Kamaludin had recused himself from hearing Anwar’s Sodomy 2 lawsuit.
He said Justice Kamaludin had previously handled three cases involving Anwar when he was attached to the Attorney-General’s Chambers as deputy public prosecutor and senior federal counsel.
This is the second time Justice Kamaludin recused himself from hearing a case involving Anwar.
Last month, the judge recused himself from a case in which Anwar and his family challenged the Pardons Board’s decision to reject his petition for a royal pardon over his Sodomy 2 conviction.
Anwar had on June 9 made an application to quash his Sodomy 2 conviction on grounds he was denied a fair trial and a just decision.
He wanted the court to free him by setting aside the Court of Appeal’s decision in March 2014 which overturned his acquittal on a charge of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.
The appellate court’s decision was affirmed by the Federal Court on Feb 10, 2015, which sentenced Anwar to five years’ jail.
The government had applied last month to strike out Anwar’s application, arguing that it was frivolous and an abuse of court process.