Revoke Shafee’s appointment as prosecutor for attacks on Anwar, says former A-G

Former attorney-general Tan Sri Abu Talib Othman says any attack on Datuk Seri Anwar Ibrahim after his sodomy conviction will lend credence to the perception that the case was political motivated. – The Malaysian Insider file pic, February 16, 2015.

Umno lawyer Tan Sri Muhammad Shafee Abdullah should have his deputy public prosecutor's licence revoked for his continued attacks on Datuk Seri Anwar Ibrahim after the opposition leader's sodomy conviction and sentencing by the Federal Court, a former attorney-general said.

Shafee's disparaging remarks about the PKR de facto leader after the case was settled are inappropriate, and also lend credence to the perception that Anwar's case was politically motivated, said Tan Sri Abu Talib Othman.

Talib, who was attorney-general from 1980 to 1993, said Anwar's appeal had come to a close following the unanimous judgment of the Federal Court on February 10 and any further remarks were inappropriate and unnecessary.

"Maybe the time has come for the A-G (Tan Sri Abdul Gani Patail) to revoke the appointment of Shafee as further comments will not be necessary," he told The Malaysian Insider, referring to Shafee's attacks against Anwar.

"Further comments by Shafee will give credence to the perception that Anwar was prosecuted for political reasons, which is not true," he added.

The Federal Court bench led by Chief Justice Tun Arifin Zakaria last Tuesday dismissed Anwar’s final appeal against his conviction for sodomising his former aide Mohd Saiful Bukhari Azln and maintained the five-year jail term imposed by the Court of Appeal on March 7 last year.

The appellate court had reversed the High Court finding which acquitted Anwar.

Talib said justice had been done to the accused, Saiful, and society following the pronouncement of the apex court.

He said Anwar was judged in accordance with the applicable laws and procedure and he was given every opportunity to defend himself.

"He was represented by about 20 competent lawyers," he added.

At the trial stage in 2012, the prosecution was led by Solicitor-General Datuk Mohd Yusof Zainal Abidin.

Following Yusof's early retirement, Shafee was given a licence to prosecute the case. He was appointed by Gani on July 11, 2013 to lead the prosecution team.

A former deputy public prosecutor before going into private practice, Shafee is most prominent as a lawyer for cases involving Umno, the lead party in the ruling Barisan Nasional (BN) coalition.

Anwar had made three unsuccessful attempts to disqualify Shafee on grounds that he was not a fit and proper person to prosecute the case, citing reasons of conflict of interest and breach of ethics.

Yesterday, DAP’s Gobind Singh Deo asked if Gani condoned attacks and criticism of convicted people, following Shafee's diatribe against the Permatang Pauh MP.

Gobind, who is the party’s legal bureau chairman, said Shafee’s conduct against Anwar was embarrassing and shameful to the A-G's office.

Shafee also came under fire from lawyers for saying that Anwar "hid behind a skirt" by choosing to give an unsworn statement from the dock when ordered to enter his defence at the trial stage of his sodomy case.

An unsworn statement cannot be cross-examined.

In an interview with the Umno-controlled The New Straits Times (NST) on Friday, the Umno lawyer said if Anwar had taken the stand, the torrent of questions would have been so unrelenting that Anwar would have "fainted in the witness box". 

On Thursday, former Bar Council chairman Datuk Ambiga Sreenevasan said that it was unprecedented for Shafee to attack an accused person after the court delivered its verdict.

Yesterday, Shafee again commented on Anwar in an interview with Mingguan Malaysia, saying that he was willing to swear to Anwar's guilt in a mosque on in Mecca.

Shafee also said Ambiga should be charged with contempt of court for criticising the judiciary and equating the courts with BN.

Ambiga had said BN made a "terrible mistake" in jailing Anwar. 

Yesterday, she said she was not intimidated by the threat of being charged with contempt. "Let the truth emerge," she said in response to Shafee.

- TMI