PUTRAJAYA, Aug 1 – The prosecution’s appeal against Opposition Leader Datuk Seri Anwar Ibrahim’s acquittal in a sodomy case will be heard over two days from Sept 17.
Court of Appeal deputy registrar Darmafikri Abu Adam fixed the dates in chambers today when the case came up before him for case management.
Meanwhile, Anwar’s lawyer Sangeet Kaur Deo, who was present at the case management proceedings, said the defence would be filing an application to disqualify Datuk Seri Muhammad Shafee Abdullah from appearing as the lead prosecutor in the appeal.
She told reporters that Darmafikri had fixed the same dates to hear Anwar’s application to disqualify Muhammad Shafee from leading the prosecution in the appeal.
Shafee’s appointment to lead the prosecution was by way of a fiat (decision) which was signed by Attorney-General Tan Sri Abdul Gani Patail on July 2 this year.
At the case management proceedings, Darmafikri also instructed Anwar’s lawyers to file the application (to disqualify Muhammad Shafee) before Aug 23.
Deputy Public Prosecutor Noorin Badarudin appeared for the prosecution.
On Jan 9 last year, the High Court in Kuala Lumpur acquitted and discharged Anwar on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan, 26.
He was alleged to have sodomised Mohd Saiful Bukhari at a Desa Damansara condominium unit in Bukit Damansara between 3.10 pm and 4.30 pm on June 26, 2008.
High Court judge Datuk Mohamad Zabidin Mohd Diah ruled that there was penile penetration but it was uncorroborated by other evidence.
He had held that the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from Mohd Saiful Bukhari as the samples could have been compromised before they reached the Chemistry Department for analysis.
Meanwhile, Muhammad Shafee, who was at the Palace of Justice for another court matter, told reporters that he was not aware of any grounds to disqualify him as public prosecutor.
He was responding to questions from reporters on Anwar’s move to file an application to disqualify him as public prosecutor.
Muhammad Shafee said Anwar’s lawyers did not mention the grounds when they objected to his appointment in the Court of Appeal on July 22 this year.
Asked whether there were valid grounds to disqualify him, Muhammad Shafee said “not that I am aware of”, and added that he would reply to Anwar’s application once it was filed.
On July 22, when Ram Karpal Singh, another of Anwar’s lawyers had raised an objection to Muhammad Shafee’s appointment, he was told by Justice Datuk Ramly Ali, who chaired a three-member panel, to raise the matter at the next hearing date.
Ram Karpal Singh later told reporters on that day that the defence was objecting on the grounds that it might not be proper for him (Muhammad Shafee) to represent the prosecution as Anwar’s case was politically motivated, and that he (Muhammad Shafee) had been appointed in the past to represent Umno in several court cases.
– BERNAMA
