The application by Datuk Seri Anwar Ibrahim to recall the investigating officer, Supt Jude Blacious Pereira, in his Sodomy II case was dismissed Wednesday by the Court of Appeal.
The three-man bench said Anwar had failed to satisfy the requirements under the law to recall the witness.
Justice Datuk Aziah Ali, who chaired the bench, said: “We agree with the deputy public prosecutor that the application has failed to fulfil the four cumulative conditions under Section 61 of the Courts of Judicature Act.”
Anwar’s lead counsel, Karpal Singh, had argued that Pereira’s testimony was questionable following the retired police officer’s failed bid to be admitted to the Malaysian Bar.
His failed bid came as the Bar Council filed a preliminary objection in the Kuala Lumpur High Court, arguing that the Human Rights Commission (Suhakam) had found the former police officer to be a not credible witness in its hearing into the police arrest of 5 lawyers in 2009 at the Brickfields police station.
Karpal then asked the court to adjourn the sodomy appeal as Anwar wanted to take this matter to the Federal Court.
Deputy public prosecutor Tan Sri Muhammad Shafee Abdullah objected to this.