An outsider playing the role of DPP is a dangerous precedent, says former AG

The appointment of Umno lawyer Datuk Seri Muhammad Shafee Abdullah as ad-hoc deputy public prosecutor in the Sodomy II appeal is a dangerous precedent which gives the impression that the Attorney-General's Chambers is incompetent, said former AG Tan Sri Abu Talib Othman.

Abu Talib said there are many experienced officers, including the solicitor-general, to conduct the appeal which he considers a "straight forward case".

"Why take an outsider?" he told The Malaysian Insider, adding that the exercise also incurred public funds.

He believes that the current crop of deputy public prosecutors had conducted more difficult cases.

Abu Talib questioned whether Shafee's appointment is an admission that the current officers in the chambers are incompetent.

"This is what the public will perceive," said Abu Talib who was AG from 1980 to 1993.

Datuk Seri Anwar Ibrahim's legal team will file a formal application to disqualify Shafee from representing the public prosecutor in the sodomy appeal.

Abu Talib pointed out that the issue was whether there was penetration and the prosecution had established a prima facie case against Anwar which led to the High Court ordering him to enter his defence.

"The trial judge had acquitted Anwar after calling for his defence because Anwar’s expert witnesses had created a doubt in the prosecution's case.

“In my mind it is easier to conduct the appeal compared to the trial," he added.

However, Abu Talib said Attorney-General Tan Sri Abdul Gani Patail had correctly followed the provision in the constitution and the Criminal Procedure Code to appoint Shafee.

"But the question is whether this appointment is fair and suitable," he said.

The prosecution is appealing to overturn Anwar's acquittal by the High Court and eyebrows were raised in the Court of Appeal when Shafee informed the bench he was appointed by Gani to lead the prosecution team.

Shafee, a former deputy public prosecutor before he went into private practice, told reporters later he received a letter from Gani on July 11 to lead the team.

"My appointment is in accordance with the Federal Constitution and the Criminal Procedure Code. The AG is the only person, and not even the prime minister, who can direct me on this," he said, adding that his appointment should not be viewed as a political issue.

Anwar has said the appointment was clear prejudice as Shafee is a person who has cast aspersions against him previously.

"He is someone heavily tainted and has a lot to answer. He has been known to cast aspersions against me, within and outside, for whatever dubious reasons," the opposition leader told reporters.

PKR vice-president N. Surendran pointed out that Shafee is currently acting as counsel in numerous civil cases for key Umno leaders against Anwar.

He also said that last year it was revealed that Shafee had written a letter to the court stating that he was on a special assignment overseas on behalf of Prime Minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor.

"How can the public have any confidence that the prosecution is being conducted fairly when the lead prosecutor Shafee is representing Najib, Rosmah and other top Umno leaders?" Surendran asked.