For the third time, opposition leader Anwar Ibrahim has failed in his bid to remove senior lawyer Muhammad Shafee Abdullah from leading the prosecution team in the Sodomy II appeal.

The Court of Appeal unanimously rejected lawyer Karpal Singh’s submission that Shafee was not a fit and proper person to lead the prosecution, based on the RM5,000 fine imposed by the Advocates and Solicitors Disciplinary Board for violation of the Legal Professions Act.

The three-member panel chaired by Justice Balia Yusof Wahi said they agree with Shafee that since his name has not been struck out from the lawyers rolls, he remains a fit and proper person.

“Therefore the appointment of Shafee is within the public prosecutor’s powers and not for the Bar Council to argue,” he said.

“On the issue of conflict of interests as Shafee chaired the Suhakam panel that found Supt Jude Blacious Pereira, we wish to reiterate that the finding of the Suhakam inquiry is of no relevance to the appeal,” he said.

Balia also ruled that this is a frivolous and vexatious application resulting in the appeal going at a snail’s pace.

He, however, dismissed Shafee’s application for costs.

“This should not be seen as condoning the case not being disposed of expeditiously.

“For the reasons above, we dismiss the application,” said Justice Balia.

The other two judges are Justices Aziah Ali and Mohd Zawawi Mohd Salleh.

The panel, after a short break, unanimously ruled out granting a stay of the proceedings.

“There are no special circumstances for the court to grant a stay of proceedings,” he said.

“Hence, the prosecution’s appeal will be held on Thursday and Friday,” said Justice Balia.

Anwar, in leaving the courtroom, said he was surprised that the court took a long time to decide on a stay.