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Sunday, October 19, 2014

DON'T BE SO DESPERATE TO JAIL ANWAR: For justice's sake, suspend hearing till Shafee probe is done

DON'T BE SO DESPERATE TO JAIL ANWAR: For justice's sake, suspend hearing till Shafee probe is done
The revelation of an on-going criminal investigation on lead prosecutor in the Anwar sodomy trial, Shafee Abdullah, has cast serious doubt not only on the impending hearing of Anwar Ibrahim’s appeal against his sodomy conviction at the Federal Court on Oct 28, but also on the legal validity of Anwar’s earlier conviction by the Court of Appeal on Mar 7.
Malaysian Insider in an article on Oct 18 reported that the Attorney General’s Chambers issued an order as early as 3 Jan 2014 to investigate Shafee for having possibly made false affidavit in response to Anwar Ibrahim’s application to disqualify him, and that such investigation is still on-going.
The accusation against Shafee was made by former Kuala Lumpur CID chief Mat Zain Abdullah who claimed in his statutory declaration that some of the contents of Shafee’s affidavits were false.
Mat Zain also told Malaysian Insider that he only knew of AG’s Jan 3 order to investigate Shafee, when the police approached him to record his statement on May 19.
This means that all this time, a criminal suspect under criminal investigation has led a prosecution team that resulted in Anwar’s conviction at the Court of Appeal, and he will continue to prosecute in the coming appeal hearing in the Federal Court.
These disturbing events call for urgent answers to the following questions:
1. Why has Attorney General Gani Patail allowed Shafie to continue to act as prosecutor, when the latter is under criminal investigation for allegedly making false affidavit in order to stay on as prosecutor?
2. Why didn’t AG Gani inform the Court of Appeal of such on-going investigation against prosecutor Shafee before and during the hearing that led to Anwar’s conviction on Mar 7?
3. What is the legal implication to Anwar’s conviction on Mar 7, if Shafie is later found to be guilty of making false affidavit? Would that not render the conviction of Anwar on Mar 7 null and void, since it is done by an unqualified prosecutor whose integrity has proven to be defective?
Anwar Ibrahim
4. Why did the police only begin to take statement from Mat Zain Ibrahim on May 19, well after Anwar’s conviction on Mar 7, and well after the order to investigate on Jan 3; and why is the investigation still not completed? Is it not reasonable to assume that the delay is deliberate so as not to delay and jeopardise Anwar’s conviction on Mar 7 at the Court of Appeal and at the on-coming Federal Court hearing, since there is no conceivable reason for such inordinate delays?
The entire episode has given ground for strong suspicion of malicious intent on the part of the prosecution in the current sodomy trial of Anwar, and needless to say, the integrity of both AG Gani and lead prosecutor Shafie is now called into serious question.
To avert further injustice to Anwar, Prime Minister Najib Razak must now order for an immediate and independent inquiry on both Gani and Shafee for possible criminal misconduct.
Meanwhile, hearing at the Federal Court must be held in abeyance, pending the conclusion of these investigations.
Kim Quek Author of banned book “The March to Putrajaya”

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