Siti Rahayu Mohd Mumazaini, who served under Tommy Thomas, filed the affidavit in 2018 to support Anwar Ibrahim’s appeal (now in the Court of Appeal) to revive his suit made against the government.

A three-member bench chaired by Rohana Yusuf said all matters raised in Shafee’s leave application could be raised during Anwar’s case scheduled on March 5.

“We strike out the leave to appeal application with no order to costs,” said Rohana in a brief proceeding that was conducted via a remote hearing.

Nallini Pathmanathan and Harmindar Singh Dhaliwal were the other judges who formed the panel.

Federal Counsel Suzana Atan and Shamsul Bolhassan appeared for Siti Rahayu and the government, lawyers Gopal Sri Ram and Leela J for Anwar while counsel Harvinderjit Singh represented Shafee.

Shafee had framed two legal questions as a prerequisite for the apex court to hear his appeal.

They were on the relevance of Siti Rahayu’s affidavit and whether the bank could reveal his (Shafee) details to the government under the Financial Services Act.

The High Court in 2017 struck out Anwar’s originating summons on grounds that the case did not have any cause of action and was an abuse of the court process.

The PKR president filed the action, claiming he had not received a fair trial in the appeal against his sodomy conviction.

Anwar claimed Shafee had received RM9.5 million from former prime minister Najib Razak to lead the prosecution team in the Court of Appeal and Federal Court beginning in 2013.

Siti Rahayu’s affidavit showed that two cheques were received from Najib and deposited into Shafee’s CIMB bank account on Sept 13, 2013 and Feb 17, 2014.

In November 2018, the Court of Appeal dismissed Shafee’s application to expunge Siti Rahayu’s affidavit and to cross-examine her. However, the appellate court allowed Shafee to be made a party in Anwar’s appeal.