Former Federal Court judge Gopal Sri Ram will once again lead PKR de-facto leader Anwar Ibrahim's team for the review on his Sodomy II conviction at the Federal Court.
However the date for the review has yet to be set by the apex court and it could take several months before it’s heard.
One of Anwar's lawyers, Latheefa Koya, who is also a PKR central committee member, confirmed this to Malaysiakini.
Gopal (photo), 71, who retired as Federal Court judge in 2010, caused a surprise when he replaced senior lawyer Sulaiman Abdullah, and the late Karpal Singh, to represent Anwar.
Anwar, who is now in Sungai Buloh prison and has already served 100 days
of his five-year sentence, had filed the review on April 30 claiming there was a miscarriage of justice in the Federal Court's decision.
The former Permatang Pauh MP, queried the unusually prompt statement issued by the Prime Minister's Office which commented on the court’s decision after the prosecution, led by Umno-linked lawyer Muhammad Shafee Abdullah, had secured his conviction.
The statement was issued before the decision by the Federal Court to uphold Anwar's five years' sentence was released.
Besides this, Anwar also raised the carpet factor as another ground for the review.
Gopal had in his submission at the hearing at the Federal Court, revealed that the carpet where the politician and Mohd Saiful Bukhari Azlan had allegedly performed the sex act, was found in a different unit of the Desa Damansara condominiums than the one claimed by the prosecution.
Gopal pointed out that the charge on Anwar said the offence was said to have taken place in condo unit 11-5-1, but the carpet submitted to the court was seized from unit 11-5-2.
“The prosecution claimed that the carpet was moved but there is no evidence to suggest that. I do not believe in flying carpets,” the senior lawyer had said.
“With this, the actual sodomy incident did not take place as the carpet was found on another unit.”
Anwar further claimed it was wrong for the Federal Court not to accept the testimony of Pusrawi doctor Dr Mohd Osman Abdul Hamid as he was an independent witness and the first to examine Saiful.
Possible judges for review
Chief justice Arifin Zakaria who chaired the five-member bench, wrote the unanimous judgment in upholding the conviction.
The other judges were Court of Appeal president justice Md Raus Sharif, and Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar, and Ramly Ali.
Other judges will have to hear this review. Possible picks for the panel include chief judge of Malaya Zulkefli Ahmad Makinudin, chief judge of Sabah and Sarawak, Richard Malanjum (photo) and Federal Court judges Ahmad Maarop, Hasan Lah, Zainun Ali, Abu Samad Nordin and Zaharah Ibrahim.
Federal Court judges Md Apandi Ali and Azahar Mohamed are unlikely to be in there as is Jeffrey Tan Kok Wha.
This follows Apandi having been a Kelantan Umno treasurer while Azahar was involved in Anwar's case in sodomy I and abuse of power case in 1998. Tan meanwhile turns 66 on May 16, the compulsory retirement age.
However other judges from the Court of Appeal can be called in to hear the review. - M'kini
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