Datuk Seri Anwar Ibrahim
PUTRAJAYA: Datuk Seri Anwar Ibrahim failed in his appeal at the Federal Court here yesterday to disqualify lawyer Tan Sri Muhammad Shafee Abdullah from appearing as public prosecutor to lead the prosecution in its appeal against his acquittal on a sodomy charge.
A five-member panel chaired by Court of Appeal president Tan Sri Md Raus Sharif unanimously dismissed Anwar’s appeal.
Following this decision, the prominent lawyer can lead the prosecution in its appeal which has been set for hearing on Dec 11 and Dec 12, this year at the Court of Appeal.
In his judgement, Md Raus said no case had been made out to disqualify Muhammad Shafee to act as public prosecutor.
“We see no reason to nullify Muhammad Shafee’s appointment to act as public prosecutor in the appeal,” he said.
Raus presided on the panel with Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Ahmad Maarop, Datuk Hasan Lah and Datuk Seri Abu Samah Nordin.
Raus said the issue raised by Anwar’s counsel Karpal Singh that Muhammad Shafee could not appear as public prosecutor in the appeal because he (Muhammad Shafee) was a material witness in the sodomy trial, was a non-issue.
“At the trial, both the prosecution and defence did not find Muhammad Shafee a relevant witness,” he noted.
Therefore, he said, the issue that there would be a conflict of interest if Muhammad Shafee acted as public prosecutor in the appeal, as contended by Karpal, was a non-issue.
Raus said there was also no merit in Karpal’s argument that Muhammad Shafee’s appointment as public prosecutor was a nullity as Section 379 of the Criminal Procedure Code, one of the sections under which he was appointed, was no longer applicable.
Anwar, 66, is appealing to the Federal Court against the decision of the Court of Appeal on Sept 18, this year to dismiss his (Anwar’s) application to have Muhammad Shafee disqualified from leading the prosecution in its appeal.
On Jan 9, last year, the High Court in Kuala Lumpur acquitted and discharged Anwar on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan, 26, at Desa Damansara condominium unit in Bukit Damansara here, between 3.10pm and 4.30pm on June 26, 2008.
Judge Datuk Mohamad Zabidin Mohd Diah, in acquitting Anwar, had ruled that there was penile penetration but it was uncorroborated by other evidence.
He had held that the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from Mohd Saiful as the samples could have been compromised before they reached the chemistry department for analysis.
The prosecution lodged an appeal to the Court of Appeal against the High Court’s decision.
Muhammad Shafee was appointed to appear as public prosecutor to lead the prosecution in its appeal against Anwar’s acquittal by way of a ‘fiat’ under Section 376 (3) and 379 of the Criminal Procedure Code and Article 145 of the Federal Constitution.
His letter of appointment was signed by the attorney-general on July 2, this year. — Bernama