PKR de facto leader Anwar Ibrahim will file a complaint with the Bar Council's Advocates and Solicitors Disciplinary Board against senior lawyer Muhammad Shafee Abdullah.

"There is conflict of interest and abuse of power (by Shafee) in contravention of the Bar's rules of conduct.

"As such I will write to the disciplinary board in the next few days," he told reporters at the Palace of Justice, Putrajaya.

Anwar was referring to the Legal Profession (Practice and Etiquette) Rules 1978.

According to Anwar, the alleged misconduct, among others, involved the failure to report an alleged criminal act by the Attorney-General Abdul Gani Patail, as claimed in the statutory declaration by former Kuala Lumpur CID chief Mat Zain Ibrahim.

Abdul Gani has denied the allegations.

Elaborating, Anwar's lawyer R Sivarasa said the committee's hearing on the mater will also give Mat Zain a chance to answer Shafee's claims that his SD is "hearsay".

 

Sivarasa said that they would also complain about Shafee's "advertising" in his CV that he had "advised on the appointment of judges".

 

"The misconduct are various; for continuing to act while there is conflict of interest, for filing affidavits the way he has done, not disclosing criminal wrongdoing for which he is aware and the black eye investigation," he said.

 

Sivarasa was referring to claims in the SD that Shafee knew of, but did not disclose, information pertaining to suppression of evidence in the investigation of how Anwar suffered a black eye while in police custody in 1998.

 

Even prosecutors must be fair

 

Asked why the complaint was not lodged immediately upon PKR receiving a copy of the SD on Dec 2, he said the legal team wanted to concentrate on the government's appeal against Anwar's acquittal from sodomy charges, which resumed last week.

 

The appeal proper has not yet commenced, however, as judges still need to decide on Anwar's second application to remove Shafee from the prosecution team, which was heard today.

 

Among others, Anwar's team claim conflict of interest as Shafee is representing others in civil matters against Anwar and will not be acting as an impartial prosecutor.

 

"The prosecutor's job is not to get a prosecution by all means. They are supposed to do it fairly," Anwar's counsel Tommy Thomas argued.

 

In response, Shafee said that the defence had failed to show how him leading the prosecution would "prejudice" the case, leading to unfairness.

 

"Are they saying my presence would guarantee a conviction? The appeal would be based on the report (from the acquittal) and I have two other counsellors (public prosecutors) with me.

 

"If I act slightly improper, they will watch me just as I will watch them... I don't see how I am a special equaliser to the prosecution," he said.

 

The decision on whether Shafee will be removed and barred from assisting the prosecution team will be delivered tomorrow morning.