The affidavit by Prime Minister Najib Abdul Razak’s aide Tengku Sariffuddin Tengku Ahmad, and the conduct of the appointed public prosecutor supports Anwar Ibrahim's contention of a political conspiracy against him, says Anwar's lawyer.

Senior lawyer Gopal Sri Ram said the press statement issued by the Prime Minister's Office 15 minutes after the Feb 15, 2015, conviction and the roadshow conducted by Muhammad Shafee Abdullah shows Umno as the main party's hidden hand.

The complainant Mohd Saiful Bukhari Azlan had met with the then deputy prime minister, now the prime minister (Najib), he added.

"Tengku Sarifuddin affirmed an affidavit saying they had prepared two press statements for the eventualities in the decision. But where is the other statement?

"Why the haste in issuing the statement, whereas in other court cases there is no statement made? The statement was issued before the sentence was passed," he said in referring to last year's decision.

Sri Ram said after the Sodomy I case, the Prime Minister's office did not issue any statements and neither was there any statement issued by the office after Anwar's acquittal in 2004.

In contrast, a statement was issued immediately after the Federal Court's judgment on the Sodomy II case, but before the sentence was pronounced, he said.

Tengku Sariffuddin affirmed the affidavit dated Oct 4, this year in opposing the motion for the review application.

In the affidavit, Tengku Sarifuddin, who is the director of the media division of the Prime Minister's Department, said the Federal Court's decision should not be reviewed and the conviction and sentence should be maintained.

“The press statement (on Feb 10, 2015) was issued as soon as I obtained information that the Federal Court had rejected the appeal and upheld the conviction.

“The statement is issued as it is a case of 'big' public interest. Hence, there is an immediate need for the Prime Minister's Department to prepare and issue the statement immediately,” the PM's aide had affirmed in the affidavit.

Shafee close to Umno

The senior lawyer also questioned Shafee's conduct and said this showed that he was close to Umno.

Furthermore, Sri Ram said, the roadshow organised by Umno Youth showed the party's involvement.

"The DPPs in the AG Chambers are professionals and they would not go on roadshows, but in this case, the appointed DPP held one after the conviction and sentence."

The 72-year old senior lawyer, a former Federal Court judge, said the complainant had met the then deputy prime minister and now the PM (Najib) at his house two days before the (sodomy) incident and Shafee was also in the same house.

He said it was Najib's office that hastily issued the statement 15 minutes after the apex court upheld the conviction but before the sentencing, and this showed the PM's interest in this case.

"The roadshow was organised by Khairy Jamaluddin, the head of Umno Youth," he added.

Sri Ram further questioned Shafee's independence when acting as a public prosecutor and said all this pointed to Anwar's main contention of a political conspiracy against him.

"He (Shafee) withheld the information and that he is not an independent public prosecutor himself. He discussed evidence (during the road show) which was held in camera (proceedings),” he said, adding that Shafee was not at an event organised by the Bar Council but a political party.

"His (Shafee's) conduct is with other members of the political party. He is the puppet and the puppet master is elsewhere. The roadshows showed it. It is supportive evidence."

PM's Dept did not conspire with court

DPP Ahmad Kamal Md Shahid in reply said Tengku Sarifuddin's affidavit was made in response to the notice of motion made in the review.

He said Tengku Sarifuddin also affirmed in the document that the press statement did not show that the PM's Department knew of Anwar's decision before the Federal Court delivered its judgment.

“It does not also mean that Anwar was not given a fair and independent trial. The applicant made this allegation to make the notice of motion.

“I strongly deny that the PM's Department had conspired with the court or any parties to determine the direction or influence Anwar's case. This is a big lie and allegation,” said the DPP in reading the PM's aide affidavit.

(Saya sesungguhnya menegaskan kenyataan media tersebut tidak menunjukkan apa-apa bahawa pihak JPM sudah mengetahui keputusan kes pemohon sebelum keputusan tersebut dibacakan oleh mahkamah. Ianya tidak memberi gambaran bahawa pemohon tidak mendapat pendengaran yang adil dan bebas. Pemohon dengan sengaja menimbulkan tohmahan ini semata2 utk membuat notis usul ini.

Saya juga menafikan sekeras-kerasnya dakwaan bahwa JPM ada berpakat dengan pihak mahkamah atau mana2 pihak lain di dalam menentukan atau mempengaruhi keputusan kes pemohon. Ini adalah tohmahan dan fitnah yang besar)

Ahmad Kamal says Anwar's lawyers did not show how Shafee had allegedly used his influence to make the decision (to arrive to the conviction and sentence).

He maintained that Rule 137 of the Rules of the Federal Court should not be given a liberal meaning as it is not applicable during reviews but only in appeals.