The incident happened when Federal Counsel Abu Tariq Jamaluddin introduced lawyer DP Naban, who will be a member of the Inland Revenue Board’s (LHDN) legal team.
Counsel Muhammad Shafee Abdullah, who is representing Najib, asked Naban to produce his appointment letter from the attorney-general.
Shafee said he had produced his letter when he was appointed to prosecute Anwar Ibrahim in the Sodomy 11 appeal in the Court of Appeal and Federal Court.
He said he did the same when the Pahang government appointed him to represent them in a civil suit involving a land dispute.
At his juncture, a virtually upset Naban asked Shafee to produce his appointment letter to confirm that he was representing Najib.
A brief shouting match between the two ensued before Ahmad intervened and asked them to calm down .
“Order, order,” he said, before both counsel sat down.
Naban said he was prepared to show his appointment letter, made under Section 24(3) of the Government Proceedings Act 1956, to the court only.
“The court should not allow such intrusion,” he said.
Shafee said a seven-member Federal Court bench chaired by Chief Justice Tengku Maimum Tuan Mat on Aug 7 had ruled that such a letter of appointment must be extended to the opposing party.
The judge then called for a recess and later invited the lawyers to his chambers.
Later in open court, Shafee said he would be challenging Naban’s appointment and qualification because the legal firm he came from could also be in conflict of interest.
“We will file affidavits and he (Naban) will do the same as he has the right to be heard,” he said.
Ahmad then fixed case management on Nov 29.
The court was also scheduled to hear Najib’s application to stay the proceedings pending an appeal on the tax assessment to LDHN.
However, LDHN, in its supporting affidavit, said that Najib still has to pay the total amount of RM1.69 billion even if he has filed an appeal against the assessment.
LDHN Monitoring Unit assistant director Hisyamuddin Mohd Hassan, in his supporting affidavit, said all the assessed tax shall be due and payable on the day the notice is served, whether or not the person appeals against the assessment.
On June 25, the government, through LDHN, filed the suit against Najib seeking him to pay RM1.69 billion in unpaid tax with interest at 5% a year from the date of judgment, as well as cost and other relief deemed fit by the court.