Anwar fails to disqualify Shafee Abdullah as DPP again

PUTRAJAYA: Datuk Seri Anwar Ibrahim has failed to disqualify Tan Sri Muhammad Shafee Abdullah from acting as a deputy public prosecutor in the prosecution's appeal against his acquittal over sodomy charge.

This is following the Federal Court's dismissal of  a second disqualification application by Anwar using a statutory declaration (SD) by former Kuala Lumpur Criminal Investigation Department chief Datuk Mat Zain Ibrahim, to support his attempt.

Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin, who chaired a five-man panel, ruled that that the SD was an "out of court statement".

"We cannot accept the contents of the Mat Zain's statutory declaration. Without the SD, the rest of allegations by the applicant (Anwar) is hotly disputed," Justice Zulkefli held in an unanimous decision.

With him on the panel are Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Suriyadi Halim Omar, Zaleha Zahari and Jeffrey Tan Kok Wha.

Speaking to reporters later, Anwar said he was disappointed over the court ruling but he has to deal with it.

Anwar's lead counsel Tommy Thomas had argued that the apex court should not have allowed Shafee to appear for the prosecution in the criminal appeal by claiming that he had breached the etiquettes rules.

However Shafee argued that the complaint should be made through a letter to the Attorney-General to reconsider not to appoint him.

"They are barking at the wrong place. The court becomes supervisory prosecutor," he added.

The prosecution's appeal over Anwar's acquittal against the sodomy charge is set to be heard by the Court of Appeal for two days from Wednesday.

Anwar however has also filed an application to recall retired investigating officer Supt Judy Blacious Pereira to testify in the appellate court or trial court to determine the the credibility of his evidence.

Anwar said that the rejection of Pereira's petition was significant, pertinent and would reflect adversely and negatively on his credibility as an important witness in his sodomy trial.

Court of Appeal judge Justice Aziah Ali, who chaired a three-man panel, had in December last year dismissed the disqualification application against Shafee after ruling that it was devoid of any merit.

Anwar had contended that Shafee was not a fit and proper person to lead the prosecution as he would not be independent, partial and fair without a personal motive.

Anwar was acquitted by the High Court on Jan 9,2012 for allegedly sodomising Mohd Saiful Bukhari Azlan, his former aide, at Desa Damansara Condominium in Bukit Damansara on June 26, 2008.