Datuk Seri Anwar Ibrahim
PUTRAJAYA: The Federal Court yesterday allowed an application by the prosecution to strike out an appeal by PKR de facto leader Datuk Seri Anwar Ibrahim to recall a retired police investigating officer to give additional evidence in his sodomy case.
This paves the way for the Court of Appeal to hear, as scheduled, on March 6 and 7 the prosecution’s appeal against the High Court acquittal of Anwar on a charge of sodomising his former aide, 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.
The Court of Appeal had on Feb 12 dismissed Anwar’s application to recall Supt Judy Blacious Pereira in his sodomy case over the issue of his credibility.
The Federal Court’s five-man bench headed by Tan Sri Suriyadi Halim Omar, in a unanimous decision, said the decision of the Court of Appeal was correct and that Anwar’s second application was not an appealable application within the interpretation of Section 3 of the Courts of Judicature Act 1964.
Justice Suriyadi said the Apex Court agreed with the submission of the prosecution, led by Datuk Seri Muhammad Shafee Abdullah, that the decision of the Court of Appeal did not dispose of the right of the respondent.
“The appeal is incompetent as the appellant is not completely shut out,” ruled Justice Suriyadi.
The four other panel members were Tan Sri Ahmad Maarof, Datuk Hasan Lah, Datuk Ramly Ali and Datuk Abu Samah Nordin.
On Monday, Anwar failed at the Court of Appeal in his third attempt to disqualify Muhammad Shafee from leading the prosecution team on the grounds that the senior lawyer was not a fit and proper person to accept the appointment as he was found guilty and fined RM5,000 by the Advocates and Solicitors Disciplinary Board for violating the Legal Profession Act.
Anwar had first challenged the legality of Muhammad Shafee’s appointment under the Criminal Procedure Code but this was dismissed by the Court of Appeal on Sept 17 last year.
The Federal Court also rejected his appeal against the Court of Appeal’s decision on Nov 20 last year.
Anwar’s second application to disqualify Muhammad Shafee, based on a statutory declaration by former Kuala Lumpur Criminal Investigation Department chief Datuk Mat Zain Ibrahim, was also dismissed by the Court of Appeal, on Dec 20 last year.
His further appeal to the Federal Court was also dismissed, on Feb 11 this year.
Muhammad Shafee was appointed by the Attorney-General by fiat (authorisation) under Section 376 (3) of the Criminal Procedure Code (CPC) and Article 145 (3) of the Federal Constitution to conduct the appeal at the Court of Appeal. — Bernama