KUALA LUMPUR, Sept 16 – As expected, Opposition Leader Datuk Seri Anwar Ibrahim, who is accused of sodomy for the second time in his life, failed today to kick out seven lawyers from the Attorney General's (AG) Chambers from taking part in the prosecution against him.
The Appellate and Special Powers division of the High Court here rejected his application for leave to disqualify the seven.
They are: Solicitor General I Datuk Idrus Harun, Solicitor General II Datuk Yusof Zainal Abiden, Datuk Nordin Hassan, Hanafiah Zakaria, Wong Chiang Kiat, Shamsul Sulaiman and Noorin Badaruddin.
But judge Datuk Alizatul Khair Osman Khairuddin said that her decision was based on the fact that Anwar had made the application in the wrong court.
“In this case, Datuk Seri Anwar is not challenging any specific Act or specific unlawful or wrongful exercise of power by a public authority,” she said, referring to Order 53 of the Rules of the High Court.
“In other words, what the applicant is seeking is to recuse the seven. To my mind, for such an application, the appropriate court is the criminal court and not this court,” she added.
Alizatul explained that Anwar's case would be different if he had claimed the Attorney General had made the wrong decision or used his power to prosecute wrongly, which was the case in the Singapore High Court before.
The long-haired judge also agreed with the prosecution's points, which had been raised in her chambers previously, that Anwar had abused the due process of the courts to undermine the criminal proceedings against him.
“The issue of disqualification is not over,” the lawyer for Anwar told reporters outside the courtroom later.
Sivarasa Rasiah pointed out that the judge had kept the door open on Anwar's bid to rid the seven prosecutors.
Sivarasa, who is also vice-president of PKR – Anwar's party – added that the 62-year-old politician now has two options.
He said Anwar could either file a fresh application in the criminal division of the high court here; or appeal against Alizatul's ruling at the Court of Appeal in Putrajaya.
In his affidavit supporting his bid, the Permatang Pauh MP charged the prosecutors of having shown bias and prejudice against him when he was first tried for sodomy and corruption a decade ago.
He claimed they had worked hand-in-hand with Tan Sri Gani Patail, then the lead prosecutor in his trials, to hide evidence in his favour.
He also accused them of making up fake facts, including how he got the “black eye” while in police custody in 1998.
Anwar wanted the High Court to bar all seven as prosecutors in the present case because he believes they are likely to continue their biased and prejudiced actions against him.
The man who dreams of being prime minister has repeatedly claimed the Sodomy II charges against him are meant to nip his chances in taking over Putrajaya.
He has countered the prosecution's bid to prevent him from getting his hands on key evidence related to his sodomy charge, which the Court of Appeal in Putrajaya has fixed to be heard on Oct 23.
Anwar is also challenging a certificate from the prosecution, needed before the trial can begin, which he claims omits facts in his favour.
Judge Lau Bee Lan, also of the High Court's Appellate and Special Powers division will hear his bid to force the AG to issue a new certificate under Section 51A of the Criminal Procedure Code on Nov 3.
Another application to strike out the sodomy charge against him will be fixed for hearing at the High Court's criminal division on the same day.
His trial, which was originally fixed to start on July 1, has been postponed. A new date will be set on Nov 3.
Anwar, who made his miraculous come-back from political wilderness last year, is charged with sex against the order of nature, which is a crime in Muslim-majority Malaysia.
If found guilty this time, the grandfather will once again be sent to jail, effectively ending his once- meteoric career.
MI
16/09/09
The Appellate and Special Powers division of the High Court here rejected his application for leave to disqualify the seven.
They are: Solicitor General I Datuk Idrus Harun, Solicitor General II Datuk Yusof Zainal Abiden, Datuk Nordin Hassan, Hanafiah Zakaria, Wong Chiang Kiat, Shamsul Sulaiman and Noorin Badaruddin.
But judge Datuk Alizatul Khair Osman Khairuddin said that her decision was based on the fact that Anwar had made the application in the wrong court.
“In this case, Datuk Seri Anwar is not challenging any specific Act or specific unlawful or wrongful exercise of power by a public authority,” she said, referring to Order 53 of the Rules of the High Court.
“In other words, what the applicant is seeking is to recuse the seven. To my mind, for such an application, the appropriate court is the criminal court and not this court,” she added.
Alizatul explained that Anwar's case would be different if he had claimed the Attorney General had made the wrong decision or used his power to prosecute wrongly, which was the case in the Singapore High Court before.
The long-haired judge also agreed with the prosecution's points, which had been raised in her chambers previously, that Anwar had abused the due process of the courts to undermine the criminal proceedings against him.
“The issue of disqualification is not over,” the lawyer for Anwar told reporters outside the courtroom later.
Sivarasa Rasiah pointed out that the judge had kept the door open on Anwar's bid to rid the seven prosecutors.
Sivarasa, who is also vice-president of PKR – Anwar's party – added that the 62-year-old politician now has two options.
He said Anwar could either file a fresh application in the criminal division of the high court here; or appeal against Alizatul's ruling at the Court of Appeal in Putrajaya.
In his affidavit supporting his bid, the Permatang Pauh MP charged the prosecutors of having shown bias and prejudice against him when he was first tried for sodomy and corruption a decade ago.
He claimed they had worked hand-in-hand with Tan Sri Gani Patail, then the lead prosecutor in his trials, to hide evidence in his favour.
He also accused them of making up fake facts, including how he got the “black eye” while in police custody in 1998.
Anwar wanted the High Court to bar all seven as prosecutors in the present case because he believes they are likely to continue their biased and prejudiced actions against him.
The man who dreams of being prime minister has repeatedly claimed the Sodomy II charges against him are meant to nip his chances in taking over Putrajaya.
He has countered the prosecution's bid to prevent him from getting his hands on key evidence related to his sodomy charge, which the Court of Appeal in Putrajaya has fixed to be heard on Oct 23.
Anwar is also challenging a certificate from the prosecution, needed before the trial can begin, which he claims omits facts in his favour.
Judge Lau Bee Lan, also of the High Court's Appellate and Special Powers division will hear his bid to force the AG to issue a new certificate under Section 51A of the Criminal Procedure Code on Nov 3.
Another application to strike out the sodomy charge against him will be fixed for hearing at the High Court's criminal division on the same day.
His trial, which was originally fixed to start on July 1, has been postponed. A new date will be set on Nov 3.
Anwar, who made his miraculous come-back from political wilderness last year, is charged with sex against the order of nature, which is a crime in Muslim-majority Malaysia.
If found guilty this time, the grandfather will once again be sent to jail, effectively ending his once- meteoric career.
MI
16/09/09
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