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Friday, October 31, 2014

Day 4: Prosecution’s turn to make submissions (1)


The Federal Court will finally hear submissions from government-appointed prosecutor Muhammad Shafee Abdullah on why Opposition Leader Anwar Ibrahim’s conviction for sodomy - his second in 10 years - is ‘safe’.

Shafee has indicated yesterday that he will lay out the full facts of the case as he claimed the defence had presented "partial" facts. He will then argue on the issues raised by defence lead counsel Gopal Sri Ram and other members of the defence team.

Yesterday, Shafee informed the court that he needed more time to re-organise his submissions due to extensive points made by the defence.

He pointed out that Anwar's team had submitted an additional ground of appeal on Tuesday, at the start of the appeal hearing. In all, Anwar had provided 36 grounds of appeal.

According to Shafee, 85 percent of his submissions are old and 15 percent new.

He will be making the submissions for the prosecution alone despite the presence of deputy head of prosecution (operational) of the Attorney-General’s Chambers Mohd Hanafiah Zakaria, who has been involved in the trial when the case was first heard in the High Court.

Hanafiah is one of the last members in the prosecution team for the trial that was once led by former solicitor-general II Mohd Yusof Zainal Abiden.

The proceedings today is expected to last half day and will continue on Monday where following Shafee’s submissions, the defence will then have the opportunity to reply.

After that, the five-member Federal Court panel will decide whether to make its decision immediately or announce it on another day.

If Anwar is convicted by the country’s highest court, then Shafee is expected to ask for a heavier punishment. The prosecution had said that the five-year prison term meted out by the Court of Appeal in March was “manifestly inadequate”.

Ironically, former prime minister Dr Mahathir Mohamad, who is Anwar's nemesis, is scheduled to speak today at a function in one of the buildings across the Palace of Justice where this appeal will be heard. 

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