The Federal Court in Putrajaya has fixed Jan 28 to hear Anwar Ibrahim’s appeal against the Court of Appeal’s dismissal of his second application to disqualify Muhammad Shafee Abdullah from appearing as lead prosecutor in the prosecution’s appeal against his (Anwar’s) acquittal on a sodomy charge.

Muhammad Shafee said he received a notice from the Federal Court registry last week notifying the hearing date.

On Dec 20 last year, the Court of Appeal’s three-member panel, led by Justice Aziah Ali, unanimously dismissed the application and ruled that Muhammad Shafee’s appointment was within the law.

Anwar, 66, filed the second application to disqualify Muhammad Shafee from leading the prosecution team using information from the statutory declaration made by former Kuala Lumpur CID chief Mat Zain Ibrahim to support his application.

His first application was dismissed by the Court of Appeal on Sept 17 last year, following which he appealed at the Federal Court, but was also dismissed.

On Jan 9 last year, the High Court in Kuala Lumpur acquitted and discharged Anwar on a charge of sodomising his former aide Mohd Saiful Bukhari Azlan, 26, at a Desa Damansara condominium unit in Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

Muhammad Shafee, a senior lawyer, was appointed by the attorney-general by fiat (authorisation) under Section 376 (3) of the Criminal Procedure Code (CPC) and Article 145 (3) of the federal constitution to conduct the appeal at the Court of Appeal.

- Bernama