The Court of Appeal has allowed lawyer Muhammad Shafee Abdullah to represent the prosecution in its appeal against Anwar Ibrahim's acquittal of the second sodomy charge.

Justice Ramly Ali, who led the three-member bench, said the decision was unanimous.

He said the doctrine of desuetude (on Section 379 of Criminal Procedure Code) as applied in barring Shafee, was not applicable in Malaysia.

Justice Ramly added that Section 376 (3) of the Criminal Procedure Code (in appointing Shafee) should be read harmoniously with Section 378 of the same code (regarding the barring in the appointment of private lawyers in representing the prosecution) in an appeal.

NONE He said that there was no evidence before the court to prove that Shafee ( left ) was a material witness as he was not called as a defence witness.

As the trial had ended, he said the court ruled that this would not compromise on the question of Shafee's conflict of interest, with reference to rule 4 and 5 of the Legal Profession Act, as the court would only look at the appeal records from the High Court.

"The court is not persuaded on the (defence) application and Shafee can represent the prosecution," he ruled this afternoon.

He said the parties will be notified as to when the appeal will be heard.

The other judges on the bench today were Justice Rohana Yusof and Justice Mohd Zawawi Salleh.

Anwar was acquitted in January last year of sodomising former aide Mohd Saiful Bukhari Azlan at the Desa Damansara condominium on June 26, 2008.

Anwar to appeal

Karpal, commenting on today's decision, said he had been instructed to appeal to the Federal Court.

He said what was important was that there is a perception on the possibility of miscarriage of justice following Shafee's presence at then Deputy Prime Minister Najib Abdul Razak's residence.

NONE "Since Shafee and DPP Noorin Badaruddin withdrew their affidavits, Anwar's affidavit remains unrebutted and is accepted as fact," said Karpal ( right ).

Anwar, who was present with his wife and PKR president Dr Wan Azizah Wan Ismail said Shafee's presence at Najib's house was questionable.

"Shafee was present between two to four hours when Saiful came and don't tell me he was drinking coffee with Rosmah Mansor," he said.

"Shafee has always been acting for Umno and had acted against me and the opposition in various high profile cases and suits. Hence, do you think Shafee can act impartial?"

He described to Shafee's being in Najib's residence and not seeing Saiful as like a scene in a ‘Bujang Lapuk' movie.

"The people, can judge for themselves," said the Opposition leader.

Shafee told reporters outside court that today's ruling is not appealable as today's ruling does not amount to a final decision.

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