Attorney-general Mohamed Apandi Ali's appearance as lead prosecutor in the corruption case against Penang Chief Minister Lim Guan Eng could improperly impact the outcome, said NGO Lawyers for Liberty.

Its chief executive, Eric Paulsen, said this as Apandi is a former Federal Court judge and the case is at the High Court.

"As a former judge of the apex court, his appearance as prosecutor in this case could adversely affect the proceedings as the presiding High Court judge may feel compelled to defer to him as he has greater seniority and experience while serving in the judiciary.

"There may also be instances where Apandi would rely upon decisions made by him while on the bench, and submit that the court is bound to abide by those decisions, thus causing further embarrassment," he said in a statement.

As such, he said, Apandi should recuse himself as prosecutor.

"Like Caesar’s wife, Apandi acting as lead prosecutor must be above any trace of suspicion.

"In light of all the controversies, we call upon the attorney-general to recuse himself as lead prosecutor for Lim Guan Eng’s trial and instead to work towards restoring public confidence of the rightful role of the public prosecutor, one that is dignified, just and free from political interference," he said.

Impartiality in question

On June 30, Lim was hit with two corruption charges. One was for rezoning a plot of land in Balik Pulau from agriculture to residential purpose to benefit the owner of the plot - Magnificent Emblem Sdn Bhd.

He was also charged with purchasing a bungalow on Jalan Pinhorn for RM2.8 million, allegedly below market value, from businesswoman Phang Li Koon.

Paulsen said while it was not unprecedented for an attorney-general to lead the prosecution, Apandi's impartiality is in question as this is a highly political case.

He said Apandi does not have security of tenure, and was appointed by the Agong on advice of the prime minister, who is Lim's political opponent.

Apandi also stood for election in 1990 on an Umno ticket, and is legal adviser to the federal government, Paulsen said.

"The Attorney-General’s Chambers have a wealth of resources and hundreds of well qualified Deputy Public Prosecutors available to conduct the trial and there is no good reason why Apandi must lead the prosecution.

"His leading the prosecution against Lim can only tarnish further the reputation of the Attorney-General’s Chambers," he said.