PUTRAJAYA: Datuk Seri Anwar Ibrahim has failed in his second attempt to disqualify Tan Sri Muhammad Shafee Abdullah as lead prosecutor in the prosecution’s appeal against the opposition leader’s acquittal for sodomy.
In dismissing Anwar’s application, Court of Appeal Judge Datuk Aziah Ali, chairing a three-member panel, ruled that Anwar’s application was devoid of any merits.
In a unanimous ruling, Justice Aziah also held that the statutory declaration (SD) made by ex-Kuala Lumpur CID chief Datuk Mat Zain Ibrahim, which was used by Anwar to support his application, was hearsay evidence and could not be admitted as cogent evidence.
“We (the court) agree that the statutory declaration is hearsay evidence as the maker is not available for cross-examination to ascertain the truth. There are latent defects in the SD,” she said, noting that the identity card number and address of the maker had been blotted.
The other judges on the panel were Justices Datuk Rohana Yusuf and Datuk Mohd Zawawi Salleh.
Justice Aziah also said there was no conceivable reason for Mat Zain to refuse giving his name and address in the SD.
She said the SD mainly referred to Anwar’s ‘black eye’ incident, and the panel also found that the allegations contained in the SD had no bearing on the facts of the appeal.
Justice Aziah also said the court did not find that the appointment of Muhammad Shafee as lead prosecutor would deprive Anwar of a fair trial as the appeal was based solely on appeal records prepared by the court.
She said Muhammad Shafee was not the sole public prosecutor appearing in the appeal as he was assisted by two senior deputy public prosecutors, namely Mohd Hanafiah Zakaria and Noorin Badaruddin.
“Therefore, we find no other findings to make, but to hold that the appointment of Muhammad Shafee is within the law,” Justice Aziah said.
Outside the court, Anwar, who was represented by Counsel Tommy Thomas, told reporters that he had instructed the latter to file an appeal over yesterday’s verdict to the Federal Court on Monday.
On Dec 6, Anwar, 66, filed a second application to disqualify Muhammad Shafee from leading the prosecution team. This time, he used information from Mat Zain’s SD as grounds to file the application.
His first application was dismissed by the Court of Appeal on Sept 17 and he was also unsuccessful in his appeal at the Federal Court.
On Jan 9 last year, the High Court in Kuala Lumpur acquitted and discharged Anwar on a charge of sodomising Mohd Saiful Bukhari Azlan, 26, at a Desa Damansara condominium unit in Bukit Damansara between 3.10 pm and 4.30 pm on June 26, 2008. — Bernama