Polite and proper for Apandi to prosecute Guan Eng, says Shafee

It is only polite and proper for attorney-general (AG) Mohamed Apandi Ali himself to lead the prosecution team in the impending trial of Penang Chief Minister Lim Guan Eng (who is facing two charges of corruption), says senior lawyer Muhammad Shafee Abdullah.

Cases that involved VIPs, especially ministers, should be prosecuted by the attorney-general himself in the country's legal service, he said

"In this case, Lim Guan Eng is a chief minister, he is no less than (a VIP)," said Shafie who came to the defence of Apandi who showed up in Penang to lead the prosecution team when Lim was brought to the High Court to face the dual charges on June 30.

"There is nothing exceptional. It is a normal thing and in fact it is expected," he said when met at the Kuala Lumpur Court Complex today.

He pointed out that former attorney-general Abdul Gani Patail did not go down himself to prosecute major and serious cases, particularly involving former minister Kasitah Kadam and Eric Chia, former managing director of Perwaja Steel.

"Kasitah was the serving minister then, just like Lim, a serving chief minister," he said.

"If you are charging somebody like that, I think it is only polite and proper for the AG himself to go down and prosecute," he said.

While some criticised Apandi for being Prime Minister Najib Abdul Razak's man, Shafee suggested that the good relationship between Najib and Apandi was rather natural.

"The AG will always come under fire because the AG is part of the government. I will be shocked if the AG is not in good communication and relationship with the cabinet and the prime minister; this will not be natural," he said.

Despite the public view that the AG should act quite independently, Shafee felt this could not be the case.

"By appearing to prosecute Guan Eng, how does he (Apandi) appear otherwise? He is merely performing his function," he said.

The Umno lawyer also questioned the public's divided stand when it comes to the prosecution of opposition leaders and the ruling elites.

He compared Lim's case regarding the purchase of a bungalow allegedly below market price and that of former Selangor menteri besar Dr Mohamad Khir Toyo who was found guilty of using his position to obtain land and a bungalow nine years ago.

"Why didn't the same people who said Lim's (impending) trial is political persecution say the same thing about Khir Toyo?" he said.

"When we charge someone from the government, everybody is quite happy; but when we charge someone who's from the opposition, everybody say it is persecution," he said.

"Why are Malaysian mentality like that? It is always divided. Why aren't we united about justice?" asked Shafee, who was Khir Toyo's counsel in the latter's trial.

"I see no evidence (of persecution) at the moment, unless it can be proven in court," he said.

Shafee is also the counsel for Umno Youth chief Khairy Jamaluddin in the defamation suit brought by PKR de facto leader Anwar Ibrahim.

Judicial commissioner Azizul Azmi Adnan of the High Court in Kuala Lumpur will decide on July 22 whether to order Khairy to testify as the first witness in the defamation trial after hearing the submission of both parties.

This is quite unusual in a defamation trial where the plaintiff will appear as the first witness.

Anwar is represented by lawyer J Leela.

Anwar, the former opposition leader and former Permatang Pauh MP, filed the suit eight years ago following allegations that Khairy had uttered defamatory words about him at a ceramah in Lembah Pantai on Feb 20, 2008. - Mkini