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Monday, November 10, 2014

Barring conflict of interest, Gopal Sri Ram vows to take on any criminal case

Datuk Seri Gopal Sri Ram says as a lawyer, he is above politics and he wil appear for whoever needs him in a criminal case, provided there is no conflict of interest. – The Malaysian Insider file pic, November 10, 2014.Datuk Seri Gopal Sri Ram says as a lawyer, he is above politics and he wil appear for whoever needs him in a criminal case, provided there is no conflict of interest. – The Malaysian Insider file pic, November 10, 2014.
"I am like a taxi and must serve any passenger who hails me."
That was the curt reply of Datuk Seri Gopal Sri Ram when asked what made him take up Datuk Seri Anwar Ibrahim's sodomy appeal in the Federal Court.
The former Federal Court judge had caused a stir when he appeared as lead counsel for Anwar when the appeal hearing began two weeks ago.
"As a lawyer, I am above politics. Whoever wants me to represent them in criminal cases, I will appear provided there is no conflict of interest," he told The Malaysian Insider.
Moreover, he pointed out he did not give any advice to the prosecution nor was he ever involved in this case before.
Sri Ram, who retired as a Federal Court judge in early 2010, said in criminal cases, the lawyer's task was to put the best case forward for the client.
However, he said, in civil cases, a lawyer was entitled to decline taking a brief because there were no issues of life and liberty.
Sri Ram, who became a lawyer in 1970, said he had acted for BN component parties and the opposition before he was elevated straight to the Court of appeal in 1994.
He was best remembered representing Umno when the High Court in 1988 had declared the party illegal (as members from non-registered branches had voted in the 1987 party election).
"But I have also appeared for a PAS member (PP -v- Mamat Daud ) who was charged with causing disharmony or feelings of enemity on religious grounds, under Section 298A of the Penal Code," he added.
In that case, the then Supreme Court ruled that the section was unconstitutional because Parliament had no power to pass a Federal law which is a state matter.
Anwar's sodomy appeal is the first case, since retiring as a judge, that Sri Ram, 71, had handled and completed after eight days of submission before a five-man bench chaired by Chief Justice Tun Arifin Zakaria.
He said for Anwar or any other client in a criminal case, there was no such thing as a minor case.
"For a client, all criminal cases are major as they affect his life. Even a RM2 theft or RM2 bribe is a major case," he added.
Sri Ram said he was approached by two lawyers in Anwar's legal team to lead the defence.
"I did not approach them as widely believed," he said, adding he was given about 10 days to prepare.
"I had to learn fast but I was fortunate to have a legal team that had mastered the appeal record.
"They guided me through the important facets of the evidence. That helped me immensely," Sri Ram said, adding that the team should get the full credit.
Sri Ram said the medical and forensic evidence, the initial arrest and detention of Anwar, Mohd Saiful Bukhari Azlan's (the complainant) allegations and non-medical and non-forensic testimonies were four critical areas the defence had to contend with.
He said credit should also go to the late Karpal Singh as it was through his searching cross-examination that important points for the defence emerged.
Karpal, who was Anwar's lead counsel, was killed in an accident in Perak on April 17.
Anwar, 67, was sentenced to five years' jail by the Court of Appeal on March 7, setting aside a January 2012 the High Court decision which freed him of the charge after calling for his defence.
The Parti Keadilan Rakyat de facto leader is alleged to have performed carnal intercourse on Saiful, his former aide, at an apartment in Damansara on June 26, 2008.
Anwar's political career could come to an end if the apex court upholds the Court of Appeal's conviction and sustains the sentence.
On facing off with Umno lawyer Tan Sri Muhammad Shafee Abdullah who led the prosecution team, Sri Ram said: "He put the best case he could in the circumstances, given what we consider that the defence had a good appeal."
Shafee had appeared before Sri Ram on numerous occasions in the Court of Appeal, in criminal and civil cases.
In 2006, a three-man Court of Appeal bench led by Sri Ram had hauled Shafee up for alleged contempt in a civil case.
The lawyer who appeared for Metramac Corporation had sent a four-page complaint to the Court of Appeal president and the Chief Justice with copies to Sri Ram and the other members of the panel, Datuk Hashim Yusoff and Datuk Zulkefli Ahmad Makinuddin.
Shafee had claimed bias by the bench.
Attorney-General Tan Sri Abdul Gani Patail was asked to appear and help determine whether Shafee had committed contempt.
The A-G had asked for a month to probe the matter and report to the court but nothing happened after that.
The matter finally went to the Federal Court where the Court of Appeal ruling made in favour of Fawziah Holdings for claims arising from signage and advertising agreements was set aside.
Sri Ram said that case came up during the days of former chief justice Tun Ahmad Fairuz Sheikh Abdul Halim.
"During his term, several dubious judgments were delivered by the Federal Court, including those in the Perdana Merchant Bank case and the Asean Paper Mill case. It was a terrible time for the judiciary," he added.
- TMI

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