Anwar’s acquittal appeal on Dec 11 and 12
(Bernama) – The Court of Appeal here fixed Dec 11 and 12 to hear the prosecution’s appeal against Anwar Ibrahim’s acquittal on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan.
Court of Appeal president Md Raus Sharif fixed the hearing dates for the appeal after the matter came up before him in chambers today for case management.
Appearing for the prosecution was Muhammad Shafee Abdullah while Anwar was represented by Karpal Singh.
Muhammad Shafee, a senior lawyer, was appointed by the Attorney-General by way of a “fiat” to lead the prosecution in its appeal in a bid to set aside the Kuala Lumpur High Court’s decision on Jan 9, last year which acquitted and discharged Anwar of a charge of sodomising Mohd Saiful Bukhari, 26.
Karpal Singh said in the meantime, the Court of Appeal would have to prepare its grounds of judgment with regard to its (the Court of Appeal’s) decision to dismiss Anwar’s application to disqualify Muhammad Shafee from appearing as the lead counsel.
He (Karpal Singh) said this was to enable Anwar’s appeal (against the Court of Appeal’s dismissal of Anwar’s application to disqualify Muhammad Shafee as public prosecutor) to be heard at the Federal Court before Dec 11.
A three-member Court of Appeal panel led by Justice Ramly Ali had on Sept 17, this year dismissed Anwar’s application to disqualify Muhammad Shafee and held that his appointment as public prosecutor was valid and in accordance with the provisions of the law.
The opposition leader (Anwar) subsequently filed the notice of appeal on Sept 20, this year against that decision.
Anwar, 64, was accused of committing the offence at a Desa Damansara condominium unit in Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.
On Jan 9, last year, High Court judge Mohamad Zabidin Mohd Diah in acquitting Anwar had ruled that there was penile penetration but it was uncorroborated by other evidence.
He had held that the court could not be 100% certain on the integrity of samples taken from Mohd Saiful for DNA testing as the samples could have been compromised before they reached the chemistry department for analysis.
