On Nov 7, Anwar gets final chance to disqualify Shafee as lead prosecutor

Datuk Seri Anwar Ibrahim's final attempt to disqualify top Umno lawyer Tan Sri Muhammad Shafee Abdullah (pic, right) from leading the prosecution team to overturn the opposition leader's acquittal for sodomy will be heard on November 7.

His lawyer, Karpal Singh, said today he was notified about the appeal date last week by the Federal Court Registry.

"We are now rushing to file the petition of appeal which includes stating the grounds why we are appealing the Court of Appeal ruling," he said.

A three-man bench led by Datuk Ramly Ali on September 17 only gave oral grounds as to why it was dismissing Anwar's application to disqualify Shafee as ad-hoc deputy public prosecutor.

Karpal's legal firm obtained the appeal records on October 24 that included the judgment of the Court of Appeal as to why it allowed Shafee to be a temporary deputy public prosecutor.

The defence has 10 days to file the petition of appeal and the deadline is November 4.

Karpal said the Court of Appeal had earlier fixed two days from December 11 to hear the public prosecutor's appeal against the decision of the High Court which cleared Anwar of the sexual
misconduct.

Anwar (2nd from right), seen here with Karpal on his right. Karpal said Shafee's appointment as chief prosecutor in the appeal against Anwar's acquittal for sodomy is void. - The Malaysian Insider pic, October 28, 2013.On January 9, 2012, judge Datuk Mohd Zabidin Mohd Diah acquitted Anwar, 66, for sodomising his former aide, Mohd Saiful Bukhari Azlan, at a Desa Damansara condominium unit in Bukit Damansara on June 26, 2008.

Karpal had argued that Shafee's appointment was a nullity because Section 379 of the Criminal Procedure Code, one of the sections under which he (Muhammad Shafee) was appointed, was no longer applicable.

The veteran lawyer said that section had long not been in use and should be declared as obsolete under the doctrine of desuetude.

However, Court of Appeal judge Datuk Rohana Yusuf, who wrote the judgment, said the doctrine did not apply to Section 379 and other laws in Malaysia.

Rohana said Malaysian legislation was perpetual in duration and remained in force until either it was repealed or it expired.

The judge said that Shafee was not a material witness to both the prosecution and the defence in the sodomy trial.

The application to disqualify Shafee was heard by Ramly, Rohana and Datuk Mohd Zawawi Salleh.

Shafee was appointed lead deputy public prosecutor by the Attorney General by way of a "fiat" under Section 376(3) and Section 379 of the Criminal Procedure Code (CPC) and Article 145 of the
Federal Constitution.