Senior lawyer Karpal Singh has questioned the legality of appointing a private lawyer to represent the prosecution which is appealing the Sodomy II verdict that went in favour of Anwar Ibrahim.

Karpal at DAP AGM Submitting on his objections to the appointment of Muhammad Shafee Abdullah, Karpal (left) said a 1998 amendment to Section 378 of the Criminal Procedure Code (CPC) prohibits this in a criminal appeal.

"We argue that Shafee's appointment under section 376 (3) and Section 379 of the CPCis unlawful and void on account of the doctrine of desuetude," he told the Court of Appeal today.

Desuetude refers to the condition of not being in use or practice, according to online The Free Dictionary and Karpal said Section 379 had not been in use for quite some time since Section 378 was amended.

In reading out Section 378, Karpal said only prosecutors, deputy public prosecutors and senior prosecutors are allowed to conduct appeals, following the amendment.

There is no mention of lawyers, he noted.

NONE Karpal further pointed out that the appointment of lawyer Tan Hock Chuan (right) to represent the government in the Teoh Beng Hock inquest, was allowed because this was an inquiry.

Paying Shafee to be the prosecutor would be a waste of taxpayers’ money, Karpal argued.

During the trial proper, the prosecution team included five senior prosecutors - solicitor-general II Mohd Yusof Zainal Abiden, DPP Nordin Hassan (now heading the prosecution division of the Attorney-General’s Chambers), Mohd Hanafiah Zakaria (deputy to Nordin), DPP Noorin Badaruddin and CK Wong (now a Judicial Commissioner).

“Now that Mohd Yusof had retired, surely the prosecutors can find someone other than Shafee to represent them,” he said.

Replying, Hanafiah said that, although Section 379 of the CPC is seldom used, it does not mean its provisions cannot be used at all.

He also said Section 379 had also recently been amended to include that remuneration can be paid to lawyers appointed during appeal.

Shafee himself submitted that Article 145 empowers the attorney-general to appoint anyone to represent the prosecution.

Yesterday, Karpal had successfully argued before the same court to have Justice Tengku Maimun Tuan Mat recused from hearing the appeal.

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