Wednesday July 1, 2009

Appellate court to hear Anwar’s appeal

By LISA GOH

PUTRAJAYA: The Court of Appeal will hear Opposition Leader Datuk Seri Anwar Ibrahim’s appeal against an order to transfer his sodomy trial from the Sessions Court to the High Court.

Court of Appeal judge Justice Abdul Hamid Embong, who sat with Justices Abu Samah Nordin and Jeffrey Tan Kok Wha, said the Bench unanimously overruled the prosecution’s preliminary objection, and that the court would hear the merits of the appeal today.

Justice Abdul Hamid presented a scenario to the prosecution, led by Solicitor-General II Datuk Mohd Yusof Zainal Abiden:

“If the Public Prosecutor lost this case in the Sessions Court, and if the High Court affirms the decision of the Sessions Court, you then come to the Court of Appeal where Sulaiman (Abdullah, Anwar’s lead counsel) raises the same argument against you.

“I think you would cry foul, and say that you have a right to choice of the forum.”

Justice Abdul Hamid told the counsel for both parties to structure their submissions today on three issues – the legitimate expectations on former Prime Minister Tun Abdullah Ahmad Badawi’s promise that Attorney-General Tan Sri Abdul Gani Patail would not be involved in Anwar’s current sodomy trial; the doctrine of necessity, on whether it was necessary for the case to be moved; and on the question of perceived bias on the part of the A-G.

On March 10, Sessions Court judge Rozana Ali Yusoff transferred to the High Court Anwar’s trial on charges of sodomising his former aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara on June 26 last year.

The case had originated in the Sessions Court before judge S.M. Komathy Suppiah last year but Abdul Gani later signed a certificate to transfer the case to the High Court.

On Nov 7, Komathy ruled that the transfer certificate was invalid.

However, in an appeal on March 5, High Court Justice Mohamad Zabidin Mohd Diah ruled that the Sessions Court judge had erred, and ordered the case to be moved.

In his preliminary objection, Mohd Yusof had said Anwar could not make the appeal as the High Court ruling was interlocutary, and did not amount to a decision which would affect the main dispute in the trial.

“It is merely procedural, because it only affects whether the matter is heard here or there,” he said.

Following Sulaiman’s oral application, the Bench also granted Anwar a stay of proceedings order against all matters in the High Court pending his appeal against the High Court’s transfer order.

The High Court in Kuala Lumpur is to hear Anwar’s application asking the court to compel the prosecution to provide him with all the necessary documents and evidence relevant to his current sodomy trial today.

It will also hear Anwar’s application to strike out his sodomy charge on July 8. The sodomy trial is fixed to be heard on the same day.

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