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10 APRIL 2024

Friday, August 8, 2014

After protest, new date for Sodomy II fixed


Following protests by Anwar Ibrahim’s lawyers over the Federal Court fixing Sept 8 and 9 to hear the Sodomy II appeal, the highest court in the country has decided to back down and vacated those dates.

As a result of this, the case management for Sodomy II has been fixed in open court next Thursday before Court of Appeal President Justice Md Raus Sharif to determine possible hearing dates.

This development was relayed to Anwar’s lawyers and also the prosecution and legal assistants for Muhammad Shafee Abdullah, who were also present, by Federal Court deputy registrar Izzuddin Mohamad.

It was earlier reported that lawyers for Anwar were protesting the insistence of the Federal Court in fixing Sept 8 and 9 for the hearing into his appeal against conviction.

This is despite them having tendered a medical certificate from lead counsel Sulaiman Abdullah that he would not be available until Oct 13 as he is on medical leave.

Sulaiman had just undergone knee surgery and is also having a heart condition.

The Sept 8 and 9 dates were announced by a Federal Court deputy registrar today, who insisted the appeal will be heard on those dates.

DPP Mohd Hanafiah Zakaria asked the lawyers whether there was purpose for Anwar to delay the hearing of the appeal by appointing Sulaiman (right) to represent him.

To this, lawyer N Surendran objected, saying Sulaiman was appointed following the sudden death of Karpal Singh in a road accident and that this was widely known.

The lawyers then asked to meet with the presiding judge on the panel at noon today to explain the situation and find out more about the court's insistence in wanting the hearing of the appeal to proceed on Sept 8 and 9.

However, as at 12.30pm today the case management was done by Izzuddin and not Justice Md Raus as scheduled earlier.

Three-appeals

Anwar is appealing against his conviction and sentence on the Sodomy II charge, while the attorney-general is appealing to enhance the five years’ jail term.

The Federal Court has insisted on the Sept 8 and 9 hearing dates since the case management last month.

Besides Surendran (left), the other lawyers present today were R Sivarasa, Sangeet Kaur and Latheefa Koya.

Anwar was given a five-year jail term on March 7 this year by the Court of Appeal, which overturned his Jan 9, 2012 acquittal by the High Court on a charge of sodomising Mohd Saiful Bukhari Azlan at a Desa Damansara condominium on June 26, 2008.

The three-member Court of Appeal bench led by Balia Yusof Wahi, Aziah Ali and Mohd Zawawi Salleh ruled that the trial judge in rejecting DNA evidence adduced failed to “critically evaluate” the evidence submitted by government chemist Dr Seah Lay Hong.

Anwar is also appealing against the appointment of lawyer Muhammad Shafee as lead counsel for the case.

Sivarasa said there has been a lot intervention from the executive namely Prime Minister Najib Abdul Razak when the Court of Appeal brought forward the case which was originally scheduled in April this year to February and changed the judges when the ‘Kajang Move’ was announced.

“It seems there is also interference in the Federal Court which is seen as hurrying the trial. There are unseen hands and it all points to Najib that this is happening again,” he said.

Surendran added that Najib is going all around the world describing himself as a moderate leader, but his involvement in the Sodomy II case is alarming.

He said we are not talking about normal people but an opposition leader of Malaysia, being a democratic country, being framed on trumped-up charge.

It was previously reported that victim Mohd Saiful Bukhari Azlan had met with Najib at his residence before the sodomy incident at the Desa Damansara condominium on June 26, 2008.

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