“In our case, the Revenue is attempting to bankrupt my client and they are in a hurry to do it, and we say that is an abuse of position, because my client ought to be given the fullest latitude to ventilate his causes of action in relation to the amount that is imposed on him through both processes, one is the appeal, but more importantly the matter before the Special Commissioners ,” he argued.
Among other things, Shafee had also said a stay does not mean Najib would not have to pay the tax claimed at all, but is merely a suspension of the enforcement of the High Court judgment to pay while waiting for the outcome of his appeals. Shafee then claimed however that Najib had received a bankrutpcy notice which initiated the bankruptcy proceedings, within days of Umno’s late March decision to pull out from the Perikatan Nasional government. He suggested that this was after the “political development” relating to Umno.
Senior revenue counsel Norhisham Ahmad, who represented the Malaysian government, however argued that the IRB was just taking the ordinary course of action to enforce the High Court’s July 22, 2020 judgment requiring Najib to pay RM1.69 billion. “So this chronology shows we are not in a hurry to file in the bankruptcy proceedings Yang Arif,” he argued.
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