Putrajaya objects to Anwar no-show in court

Putrajaya has taken objection to Datuk Seri Anwar Ibrahim's failure to attend court proceedings today as the Government's appeal to set aside his acquittal for sodomy was scheduled earlier.

Deputy public prosecutor Tan Sri Muhammad Shafee Abdullah (pic) raised this matter in chambers after the opposition leader failed to turn up when the case was called this morning.

However, the three-man Court of Appeal bench led by Datuk Aziah Ali did not make any order.

"We take objection for the respondent's failure to be present. Such a thing should not be tolerated," Shafee told reporters later.

The lawyer, who was appointed by Attorney General Tan Sri Abdul Gani Patail to head the prosecution, said Anwar had written to the court to seek an adjournment but it was rejected.

However, Putrajaya's appeal against the High Court ruling has been adjourned as lead counsel Karpal Singh was hospitalised.

Ram Karpal Singh, a member of Anwar's legal team in the sodomy case, said Anwar was in Washington for a seminar.

Earlier, lawyer Tommy Thomas, who is representing Anwar to disqualify Shafee for the second time from leading the prosecution team, sought a postponement as he needed time to file an affidavit in reply by Putrajaya.

Tommy said he only obtained a copy of the affidavit this morning.

Aziah, who sat with Datuk Rohana Yusuf and Datuk Mohd Zawawi Salleh, allowed the adjournment and fixed hearing on December 19.

Ram Karpal also informed the court that lead counsel Karpal was in hospital and applied for the sodomy appeal to be adjourned.

The court had earlier fixed today and tomorrow to hear the appeal.

Aziah said case management would be held on the same day (December 19) to fix Putrajaya's appeal on the sodomy case.

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

Anwar, among others, disclosed in his application last Friday that Shafee knew of Gani's actions but the lawyer suppressed important evidence, especially on the Pulau Batu Puteh territorial dispute between Malaysia and Singapore.

Further, the SD pointed towards Gani and former inspector-general of police Tan Sri Musa Hassan's involvement in fabricating evidence in the infamous "black eye" incident in 1998 following Anwar's sacking as deputy prime minister.

(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 then IGP Tan Sri Rahim Noor assaulted him.)

 Anwar said Shafee was not a fit and proper person to be appointed a deputy public prosecutor to lead the prosecution team.

He added that Shafee would not be able to comply with the requirement of the Legal Profession (Practice and Etiquette) 1978 to conduct the appeal.

Anwar said he would not receive a fair hearing if Shafee led the prosecution team.

On January 9 last year, High Court judge Datuk Mohd Zabidin Mohd Diah acquitted Anwar, 66, of charges of sodomising his former aide, Mohd Saiful Bukhari Azlan, at a Desa Damansara condominium unit in Bukit Damansara in 2008.

On November 21, the Federal Court 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.