Anwar fails to secure release after court strikes out suit over Shafee’s DPP role

(The Star) – Datuk Seri Anwar Ibrahim has failed to obtain an immediate release after the High Court here struck out a lawsuit over allegations that Tan Sri Muhammad Shafee Abdullah was paid RM9.5mil to act as the deputy public prosecutor in the appeal over the former Opposition leader’s sodomy conviction.

High Court (Appellate and Special Powers) judge Justice Azizah Nawawi made the order in chambers in the presence of both parties on Wednesday.

Justice Azizah made the decision on the grounds that Anwar made a bare allegation on the payment.

On June 9, Anwar filed an originating summons against the Government for his immediate release.

In his affidavit in support, Anwar said he believed that the documents were in Najib and Shafee’s possession, custody or power or could be readily obtained from their respective banks or authorised to be released by both.

He said that on Jan 9, 2012, the High Court acquitted him of sodomising his aide and the public prosecutor filed an appeal against the decision.

Anwar said that Shafee was appointed by the public prosecutor to conduct the appeal and claimed that Shafee had a material interest in prosecuting him.

He claimed that Shafee was not an independent prosecutor and he did not discharge his duty fairly as a prosecutor.

In his affidavit in support, he said the impression given to the public at the material time through a statement made by Minister in the Prime Minister’s Department Datuk Nancy Shukri in Parliament was that Shafee was paid a mere RM1,000 to conduct the prosecution against him in both courts.

Anwar said his guaranteed right under Article 5(1) of the Federal Constitution to a fair trial was violated and the findings by the Court of Appeal and the Federal Court could not stand, and were null and void.