The government's appeal against Anwar Ibrahim’s acquittal of the second sodomy charge will continue at the Court of Appeal tomorrow.
It will start with the opposition leader's application to recuse the attorney- general appointed senior lawyer Muhammad Shafee Abdullah (left) from leading the prosecution.
It is learned that the application to recuse Shafee, who represented key Umno leaders in the past, centres upon the notion that the appointment of private lawyers to lead the prosecution in an appeal has long never been applied before.
It was reported that Shafee'sappointment was based on Section 376 (c) of the Criminal Procedure Code (CPC), which states the public prosecutor can appoint proper persons to be DPPs or senior DPPs who shall be under his control and direction and exercise all the rights powers vested by the prosecutor.
Karpal had submitted the application to recuse Shafee last month, and this application will be heard first before the government's appeal over Anwar's acquittal.
Should the court decide in Karpal's favour it remains to be seen whether the appeal will go on.
Anwar had protested to Shafee's appointment, saying surely the Attorney General Chambers could find someone else to represent the prosecution, as the lawyer has been involved with proceedings against him and is known to cast aspersions against him in and outside court.
Referring to the acquittal of political analyst Abdul Razak Baginda in the Altantuya Shaariibuu murder trial which the AG did not appeal, Anwar said the AG however decided to appeal in his case.
"This is a malicious prosecution by the government since 1998 to curb my political activities," he added.
Shafee had also been accused by blogger Raja Petra Kamarudin of having a role in Anwar's second sodomy charge.
However, the senior lawyer filed a defamation suit against theMalaysia Today editor where the Kuala Lumpur High Court had in July ordered Raja Petra to pay Shafee RM300,000 in damages.
Anwar acquitted last year
Shafee replaces solicitor-general II Mohd Yusof Zainal Abiden who had led the prosecution throughout the trial.
Mohd Yusof had since retired last year, on his third application, and is now in private practice.
Anwar, 66, was acquitted by the Kuala Lumpur High Court judge Justice Mohd Zabidin Mohd Diah of sodomising his former aide Mohd Saiful Bukhari Azlan.
Anwar was charged with sodomising Mohd Saiful Bukhari at the Desa Damansara condominium between 3pm and 4.30pm on June 26, 2008.
Justice Mohd Zabidin had ruled that it was unsafe to convict Anwar as the samples retrieved from Mohd Saiful Bukhari could have been tampered when investigating officer DSP Jude Pereira had opened and relabelled it.
It will start with the opposition leader's application to recuse the attorney- general appointed senior lawyer Muhammad Shafee Abdullah (left) from leading the prosecution.It is learned that the application to recuse Shafee, who represented key Umno leaders in the past, centres upon the notion that the appointment of private lawyers to lead the prosecution in an appeal has long never been applied before.
It was reported that Shafee'sappointment was based on Section 376 (c) of the Criminal Procedure Code (CPC), which states the public prosecutor can appoint proper persons to be DPPs or senior DPPs who shall be under his control and direction and exercise all the rights powers vested by the prosecutor.
Karpal had submitted the application to recuse Shafee last month, and this application will be heard first before the government's appeal over Anwar's acquittal.
Should the court decide in Karpal's favour it remains to be seen whether the appeal will go on.
Anwar had protested to Shafee's appointment, saying surely the Attorney General Chambers could find someone else to represent the prosecution, as the lawyer has been involved with proceedings against him and is known to cast aspersions against him in and outside court.
Referring to the acquittal of political analyst Abdul Razak Baginda in the Altantuya Shaariibuu murder trial which the AG did not appeal, Anwar said the AG however decided to appeal in his case.
"This is a malicious prosecution by the government since 1998 to curb my political activities," he added.
Shafee had also been accused by blogger Raja Petra Kamarudin of having a role in Anwar's second sodomy charge.
However, the senior lawyer filed a defamation suit against theMalaysia Today editor where the Kuala Lumpur High Court had in July ordered Raja Petra to pay Shafee RM300,000 in damages.
Anwar acquitted last year
Shafee replaces solicitor-general II Mohd Yusof Zainal Abiden who had led the prosecution throughout the trial.
Mohd Yusof had since retired last year, on his third application, and is now in private practice.
Anwar, 66, was acquitted by the Kuala Lumpur High Court judge Justice Mohd Zabidin Mohd Diah of sodomising his former aide Mohd Saiful Bukhari Azlan.
Anwar was charged with sodomising Mohd Saiful Bukhari at the Desa Damansara condominium between 3pm and 4.30pm on June 26, 2008.
Justice Mohd Zabidin had ruled that it was unsafe to convict Anwar as the samples retrieved from Mohd Saiful Bukhari could have been tampered when investigating officer DSP Jude Pereira had opened and relabelled it.
Hence, the judge had ruled out in accepting the DNA evidence given by the government chemists.
Against this backdrop, the government's appeal will be heard tomorrow.
Against this backdrop, the government's appeal will be heard tomorrow.
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