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Thursday, September 3, 2009

AL JUBURI SEDANG MENGELUPUR TAKUTKAN SAIFUL BUKHARI

August 11, 2009

Anwar Ibrahim's lawyers today filed an application to disqualify all prosecutors in his on going sodomy trial.

The application was based on Anwar's contention that Attorney-General Abdul Gani Patail was "biased and/or prejudiced in the prosecution of our client".

"There is a plethora of evidence of our client's contentions that have been provided for by virtue of police reports lodged indicating suppression and/or fabrication of evidence..." said Anwar's lawyer SN Nair in a statement today.

He added that the evidence included the involvement in political conspiracies in respect of the first two cases of sodomy and corrupt practices in 1998 and the black eye incident.

This also included Abdul Gani's stealthy involvement in the matter, added Nair.

He said that all prosecutors worked under the control, direction and instructions of the Attorney-General, and as such, their actions were in no uncertain terms deemed to be that of the Attorney General.

"Furthermore, the Attorney-General's signing of the Section 418A certificate (to prefer the charge) is strongly indicative of the fact that he is the person behind the scenes, pulling and manipulating the strings of the prosecutors to his tune," he added.

Nair said that despite various revelations, police reports and affirmations in various affidavits, the Attorney-General continued and persisted stubbornly in proceeding with the flawed charges in spite of clear and unequivocal evidence to the contrary.

The lawyer said that allowing the Attorney-General to continue to pursue the sodomy action would undoubtedly be tantamount to a travesty of justice.

"It leaves our client with no other choice but to make this application wherein our client will ventilate in full his reasons in order for the court of law to consider," he added.

Bias, misconduct and suppressing evidence

In his application, Anwar, who is the member of parliament for Permatang Pauh and PKR's de facto leader, named the seven prosecutors he wanted to be disqualified.

They are Solicitor-General 1 Idrus Harun who is leading the prosecution team on behalf of the AG, senior prosecution officer Mohd Yusof Zainal Abiden, prosecution officers Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Shamsul Sulaiman and Noorin Badaruddin.

He said that these seven were unqualified to represent the Attorney-General's Chambers to prosecute the sodomy case against him.

He wants the court to order their removal or grant a prohibition against them for appearing on behalf of the AG.

Anwar also stated his reasons in seeking the removal of the prosecutors in his affidavit.

He said he feared that the prosecutors would act with bias in the case. Alternatively, he said, there was a reasonable apprehension of bias or a real danger of bias on the part of the prosecution team.

He said this was due to the role played by some of the prosecutors in 1998 in his two trials.

He further claimed there were also prosecutorial misconducts in the present sodomy case which prejudiced the case against him.

"There is a continuation of a conspiracy against me perpetrated by the prosecution team," he added in his affidavit.

He also accused the prosecution team of suppressing evidence from him despite requests made for the evidence to be handed over for him to prepare his defence.

Anwar, 62, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara on June 26, last year.

Anwar has applied to strike out the suit. The court has fixed Sept 2 to mention both this application and the trial proper.


************************************************************************************


September 03, 2009

Anwar's case to be decided on Sept 15

The High Court's Appellate and Special Powers division has fixed Sept 15 for decision on opposition leader Anwar Ibrahim's leave (permission to proceed) application to bar seven prosecutors from conducting his sodomy trial.

Justice Alizatul Khair Osman Kamaruddin fixed the date after hearing submissions on the application by lawyer Sivarasa Rasiah and senior federal counsel See Mee Chun on the matter.

Anwar and his wife, who is also PKR president Dr Wan Azizah Wan Ismail, were also present.

Sivarasa, who is also Subang MP submitted that the court could grant leave based on prima facie evidence provided.

Basically, Sivarasa said there is a real danger of bias should the court allow the seven prosecutors to proceed in conducting the sodomy trial on Anwar.

He said Anwar has evidence that Attorney General Abdul Gani Patail, had fabricated evidence in Anwar's black eye incident in 1998 and that the team of prosecutors in this sodomy trial were aware of the matter and had not done anything, including lodging police report over the matter.

Using a 30-page letter by the black-eye incident investigating officer Mat Zain Ibrahim as a basis, it showed Abdul Gani's role in trying to hide the fact.

"Abdul Gani had then handed to Mat Zain a report by one Dr Abdul Rahman Yusof to create a false impression that the doctor had examined Anwar."

"The report by the doctor came to the conclusion that the injury was self-inflicted, which was later found not to be true, as the Royal Commission had proven that former Inspector General Abdul Rahim Nor was found to be responsible," he said.

Sivarasa said the seven prosecutors had access to Mat Zain's investigative papers and at all material times knew of Abdul Gani's criminal wrong doing.

"In fact, solicitor-general Idrus Harun had known the fact and had asked Abdul Gani to sign the certificate to transfer Anwar's case to the High Court," he said.

Sivarasa said Mat Zain had sent the letter to MACC advisory board chairman Abdul Hamid Mohamad and following that a panel of three former judges heard and investigated the matter for two months.

"Although the panel cleared Abdul Gani with a majority of 2 to 1, the fact remains remains there is this clear allegation of this fabrication which has so far not been rebutted."

No report over this fact

Sivarasa also contended that none of the seven officers at the AG's Chambers had lodged a police report in respect of the criminal act and no one had directed any action against Mat Zain should he be found to be making false statement.

He said the behaviour of the seven prosecutors in aiding and abetting the covering-up of fabrication of evidence by Attorney General proves that Abdul Gani committed mala fide (bad intention) on Anwar.

Furthermore, Sivarasa submitted the prosecution team had suppressed evidence to the present sodomy trial that included the medical report.

Sivarasa also pointed other instances of Abdul Gani's fabrication of evidence in Anwar's sodomy case against Sukma Darmawan Saasmitadja and speech writer Dr Munawar Aness, as other instances of the Attorney General's involvement.

"We are not barring all prosecutors from prosecuting Anwar in this trial but we are merely interested in not having this seven from conducting the trial. If there are no other prosecutors, they could appoint special prosecutors (lawyers) to handle the trial," he said.

Anwar had on Aug 11, filed an application to disqualify all seven prosecutors in his on going sodomy trial.


The application was based on Anwar's contention that Attorney-General Abdul Gani Patail was "biased and/or prejudiced in the prosecution of our client".

Anwar, who is the member of parliament for Permatang Pauh and PKR's de facto leader, named the seven prosecutors he wanted to be disqualified.

They are Solicitor-General 1 Idrus who is leading the prosecution team on behalf of the AG, Solicitor-Ggeneral II Mohd Yusof Zainal Abiden, prosecution officers Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Shamsul Sulaiman and Noorin Badaruddin.

Application was frivolous


See in her submission on behalf of the prosecutors said the Attorney-General's actions was non-justiciable and hence cannot be challenged.

Furthermore, See submitted that Anwar had also not followed the rules of the High Court in filing this application as no decision had been made on the opposition leader's criminal trial.

"Furthermore, why did Anwar file the application last month when he already knew the team of prosecutors in his sodomy trial when he was charged in August last year and when the case was mentioned for the second time in September," she asked.

She also claimed that Anwar's application is an abuse of the court process and is directed to undermine the criminal trial and that the application was baseless.

..

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