KARPAL HOSPITALIZED: Govt's sodomy appeal may be delayed

Putrajaya's appeal at the Court of Appeal tomorrow to set aside the acquittal of Datuk Seri Anwar Ibrahim for sodomy may be delayed as lead counsel Karpal Singh has been hospitalised.

Instead, the opposition leader's second attempt to disqualify Umno lawyer Tan Sri Muhammad Shafee Abdullah from leading the prosecution team, will be heard.

Karpal's son, Ram Karpal Singh, who is also in Anwar's legal team, told The Malaysian Insider that his father has been warded in the Kuala Lumpur General hospital for lung infection since Saturday.

"We have written to the Court of Appeal and awaiting a formal reply," he said.

The Court of Appeal had earlier fixed December 11 and 12 to hear Putrajaya's appeal to set aside Anwar's acquittal by the High Court last year.

Ram said another lawyer would argue the case for Anwar as to disallow Shafee from appearing as deputy public prosecutor.

Anwar is using the statutory declaration (SD) by former Kuala Lumpur Criminal Investigation Department chief Datuk Mat Zain Ibrahim, as grounds to disqualify Shafee.

The SD implicates Attorney General Tan Sri Abdul Gani Patail in criminal misconduct and alleged corruption.

In his application last Friday, Anwar, among others, disclosed that Shafee deliberately suppressed important evidence despite being aware of Gani's actions, especially on the Pulau Batu Puteh territorial dispute between Malaysia and Singapore.

The SD also accused Gani and former inspector-general of police Tan Sri Musa Hassan of fabricating evidence in the infamous "black eye" incident in 1998.

Gani was then a senior DPP while Musa was the investigating officer in Anwar's first sodomy trial. Anwar, who was sacked as deputy prime minister was held in a lock-up on September 20, 1998, where he was assaulted by then police chief Tan Sri Rahim Nor.

Anwar said Shafee is unfit to play the role of deputy public prosecutor in his trial.

According to Anwar, Shafee would not be able to comply with the requirement of the Legal Profession (Practice and Etiquette) 1978 to conduct the appeal, adding he would not receive a fair hearing.

On November 21, the Federal Court had dismissed Anwar's appeal, declaring that Gani could give a temporary licence to Shafee to prosecute Anwar.

The first application on August 28 was based on the grounds that Shafee's appointment was illegal.

On January 9 last year, High Court judge Datuk Mohd Zabidin Mohd Diah acquitted Anwar, 66, of a charge of sodomy involving his former aide Mohd Saiful Bukhari Azlan.  - TMI