Haniff Khatri Abdulla said his involvement with Bersatu started in 2016 when several political figures such as Dr Mahathir Mohamad and Muhyiddin Yassin mooted the idea of setting up a new party.

However, he said, he never joined Bersatu as a member.

During the material time, Haniff said he was instructed to prepare drafts of the party constitution as well as deal with the Registrar of Societies (RoS) on party matters.

“I gave advice – directly and indirectly – to the party (top leadership, women’s wing, youth wing) from time to time.

“I also represented the party in some civil cases, where instructions were given by party representatives in filing their affidavits,” Haniff said when testifying in his lawsuit against the party.

Citing an example, he said Muhyiddin asked for his legal opinion after Bersatu lost a suit against the RoS over the government’s decision to dissolve the party.

The decision came after Bersatu allegedly failed to submit certain documents in 2018.

“He (Muhyiddin) asked me what we can do, to which I told him the dissolution is something temporary and could be avoided if they (Bersatu) heed my advice,” said Haniff.

“He told me he had instructed (another lawyer) Rosli Dahlan to file the suit, and made a remark about legal fees for that case,” he said.

Haniff added that Muhyiddin was also aware of fees due to him.

Haniff filed a lawsuit in 2021 seeking to recover RM12.5 million in legal fees from Bersatu for services rendered.

He said that prior to filing the suit, he had issued invoices to Bersatu for his legal fees but the party had failed to respond.

In its defence, Bersatu claimed that Haniff gave “pro bono” services to it from 2016 to 2020.

Haniff told the court that up to today, Bersatu never filed any objections against the invoices of RM12.5 million in court – as required under the Legal Profession Act.

“It is an afterthought for it to claim my services as pro bono,” he added.

To a question from Bersatu’s lawyer Chetan Jethwani on whether it was his sole duty to draft the party’s constitution, Haniff said there were a few others with him.

“When you were preparing the draft, did you mention to Marzuki (Mohamad) that you will charge for fees?” Chetan asked. Marzuki was Muhyiddin’s former private secretary.

Haniff said he did not tell Marzuki as “there was no need to do so”.

Chetan: Was there any instruction on your appointment?

Haniff: Verbally, but not in writing.

The hearing continues before Justice Akhtar Tahir on Thursday.