Karpal: Shafee a material witness, can't prosecute

The defence team today submitted to the Court of Appeal that Muhammad Shafee Abdullah cannot prosecute in the government's Sodomy II appeal because the senior lawyer was a material witness.

In his submissions, lead defence counsel Karpal Singh said Shafee was present when alleged sodomy victim Saiful Bukhari Azlan met then deputy prime minister Najib Abdul Razak at the latter's official residence.

"Shafee was also offered to the defence as a witness and had his statement recorded by the police under Section 112 of the Criminal Procedure Code," said Karpal.

As such, Karpal submitted that Shafee should not be allowed to lead the prosecution team in the government's appeal against the High Court's decision to acquit Anwar against charges of sodomising Saiful.

Karpal said the court should adopt a "strict approach" in disallowing Shafee from prosecuting in this case to avoid causing the wrong public perception on the administration of justice.

[More to follow]