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High Court to hear prosecution's revision on Anwar's case Nov 20 PDF Print
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Friday, 14 November 2008 16:49

The High Court here will hear on Nov 20 and 21 submissions from both parties in the prosecution's application for revision to quash the Sessions Court's decision not to allow Datuk Seri Anwar Ibrahim's sodomy case to be transferred to the High Court. 

Sessions Court judge S.M.Komathy Suppiah had ordered both parties to seek directions and orders from Justice Datuk Mohamad Zabidin Mohd Diah on the prosecution's applications for revision as well as a stay of execution of all the proceedings pending the decision of the High Court.  

Komathy then adjourned the proceedings to a date to be fixed pending the High Court decision. 

Anwar, 61, is charged with voluntarily committing carnal intercourse against the order of nature with a former aide, 23-year-old Mohamad Saiful Bukhari Azlan, at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26.
 
Today was fixed for mention for the prosecution to submit to the defence certain documents such as the medical, chemist and police reports pertaining to the case. 

However, senior deputy public prosecutor Datuk Mohamed Yusof Zainal Abiden, who is leading the prosecution team, informed the court that under Section 35(2) of the Courts of Judicature Act 1964, the High Court, upon calling for any record, all proceedings in the subordinate court in connection with the matter shall be stayed pending further order of the High Court.
 
Mohamed Yusof said it meant that all the documents needed by Anwar's defence could not be supplied pending the High Court orders or decision.
 
Anwar's counsel R.Sivarasa said, however, that Mohamed Yusof had given an undertaking to give the documents to the defence within a week.
 
Sivarasa, who replaced lead counsel Sulaiman Abdulah who was engaged in the Court of Appeal, said the prosecution had no basis for not giving the documents as they were in the prosecution's possession. 

"The whole world would question what has happened to the documents," he said, asking whether they had been changed or tampered with or were missing.

At this juncture, Mohamed Yusof said he was really tired of Anwar's allegations that the prosecution was biased in conducting his case.
 
"I'm really tired of these allegations. I have all the documents with me today and I have no problem to give them to the defence," he said.

Later, he asked the investigating officer to give the documents to the defence by this evening. 

Mohamed Yusof, who is head of the prosecution unit in the Attorney-General's Chambers, was assisted by deputy public prosecutors Datuk Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Farhan Read and Shamsul Sulaiman. Sivarasa was assisted by counsel Sankara N.Nair, Leela Jesuthasan, Edmund Bon, Saiful Idham Ramli, Amer Hamzah Arshad, Latheefa Koya and Mohd Radzlan Jalaludin. 

On Nov 7, Komathy dismissed the prosecution's application for the case to be transferred to the High Court after ruling that the transfer certificate, signed by Attorney-General Tan Sri Abdul Gani Patail, was invalid. 

Abdul Gani is still under investigation by the Anti-Corruption Agency following a police report lodged by Anwar on alleged falsification of evidence pertaining to the "black eye" incident involving Anwar when arrested by police in 1998. 

The prosecution filed for a revision of the decision three days later on the ground, among others, that Abdul Gani was only carrying out an administrative function and not a judicial or quasi funtion when he signed the certificate as he was not  judging any dispute between parties.

-- BERNAMA

Comments (14)Add Comment
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written by cheekymate, November 14, 2008 16:52:57
YAB Anwar Ibrahim,
Your enemies are closing in on you. Make your move NOW.
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written by binarytan, November 14, 2008 16:56:10
Malaysia is very proud of our UMNO home made judiciary system which is full of bull shit and laugh stock.

It has been passed down by generation since the syetan Shi-fu Mama*thir.

smilies/angry.gif
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written by ahmadneil, November 14, 2008 16:59:22
Put Abdul Gani on trial ,not Anwar.
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written by SocratesI, November 14, 2008 17:26:13

Mohamad Yusof, you are tired ?? Ooh ... you poor man working as the chief prosecuting Anjing for the despotic Barisan Najis Govt. must be most tiring, especially for your conscience ... if you had one !

Why don't you take a good long rest and I will be too happy to supply you with a kitana for your seppuku, and indeed I would be most willing to be your second as well !

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written by educationist, November 14, 2008 17:55:23
Yes, it is the prosecution's right to appeal but it begets the question in all fair-minded people.
Why is the prosecution so desperate to move the case to the High Court?
Is it because they know that a judge of Judge Komathy's integrity will be judging the case according to its merits?
Of course, now is too early to judge but later may be too late. The Lingam videos have shown the state of our judiciary , so perhaps the prosecution's purpose is to move the case to a court where the motions of a trial are performed but the verdict has already been decided.
Yet, we can but voice our concerns and pray that good will triumph over evil!!
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written by thor, November 14, 2008 18:18:02
Abdul Gani is still under investigation by the Anti-Corruption Agency following a police report lodged by Anwar on alleged falsification of evidence pertaining to the "black eye" incident involving Anwar when arrested by police in 1998.

Just an observation, how come certain cases are so slow in investigating others are so fast, must be different level of efficiency at work here. Remember that was a case, if I am not mistaken on Criminal Breach of Trust on the previous SIME Bank, ie SIME incurring more than a Billion Ringgit loss after than within slightly more than a year it sold off that Bank, formerly UMBC I think. So how come never heard the outcome of that, that is easily more than 15 years. The defendants might die of old age when this is finally decided.

GOD SAVE OUR PEOPLE FROM THE WOLVES
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written by mikewang, November 14, 2008 18:44:06
Why can't they get on with the trial at the session court ?
Why the need to move to High Court ?

Now look at the other case involving Razak Baginda.
Why is the prosecution not appealing against the acquittal ?

Why? why? why?
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written by Motherchell, November 14, 2008 19:22:52
Yeah! in this Banana democracy of Malaysia, the prosecution feels Baginda's is an angel , so they don't want to appeal , but they feel , RPK , and DSAI are hardcore , and a danger to Albazoo.
This fat animal suffers from diarrhea every time the case is not in his or his crony's favor! He fails to realize the World watches each move of his !!!!....... Time very soon will get him .........!

http://sjsandteam.*********.com
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written by Kacang Tanah, November 14, 2008 20:06:41
To Anti-Corruption Agency:

Don’t waste people’s money! We had enough bull shit from you. How long do you need to take to investigate Abdul Gani on alleged falsification of evidence pertaining to the "black eye" incident involving DSAI when arrested by police in 1998? I doubt you have ever opened a file to investigate this allegation.
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written by clarity, November 14, 2008 20:10:33
Mohd Yusof is tired because the defence needs the documents. Mohd Yusof is tired which is more important than Anwar fighting for his dignity, his career and against all forms of devious manipulation by asking for what he is entitled and promised 14 days ago. So everybody please apologise to his highness Mohd Yusof for making him tired even though whether he wins or lose does not effect him in the least
Why is the AG so adamant on m oving the case to high court. Is justice served in different courts vary? If so, then there is no justice, no right or wrong. So the only reason is that the AG has better influence at the higher courts.where it will serve his purpose, but not in the interest of justice. Am I talking nonsense? Is this garbage?
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written by anakdesa, November 14, 2008 22:39:15
Anyone....please enlighten me as to why the prosecution badly need to transfer the case to the High Court?
Is the session court incompetent to hear the case?
Or is that the prosecution can 'buy' the high court judges? Just like the old Paul?
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written by ganbing, November 15, 2008 01:00:23
The Sessions Court is fully competent to hear a simple case of sodomy and judge Komathy has more than 20 years experience so if the prosecution really has a case against Anwar, why not just hear it in the Sessions Court? There is no death penalty involved here so why need to transfer to the High Court?

The bare fact is that the prosecution is already showing us that it has no case against Anwar; whatever flimsy case it has will only stand up under a biased judge like Augustine Paul who acted like he was part of the prosecution and saved the prosecution's case a number of times through his biased rulings in Sodomy I. I cannot think of a single reason why the prosecution is fighting tooth and nail to transfer the case other than to get a biased judge.

The pigs will appeal to the High Court and if they win, then Anwar should appeal to the Federal Court. Let's hope some judges there are brave enough to do the right thing.

As for the AG and his minions, "tak malu ke?" Your showing to the world what sort of stupid trumped up case you have which you dare not argue in front of a fair-minded judge.
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written by ganbing, November 15, 2008 09:49:29
In the infamous show trial of 1998, judge Augustine Paul made the following rulings:

1) He forbid the defence team from bringing up political conspiracy as part of their defence, thus tying their hands.

2) The accuser Azizan was NEVER medically confirmed to have been sodomized.

3) Many evidence brought up by the defence team was ruled irrelevant.

4) Azizan changed his testimony many times in court but this was ignored by Augustine Paul who later wrote in his judgement that Azizan's testimony was "solid as the Rock of Gibaltra".

5) When the prosecution's case was about to collapse, he allowed them to change the charges.

6) When DNA evidence was proven to be faked he expunged the evidence instead of throwing out the case.

7) The defence lawyer who exposed the AG's fabrication of evidence was jailed 3 months for contempt of court. (In Paul's view, Court = Prosecution).

smilies/cool.gif In the end, Anwar was convicted based on one person's accusation without a shred of supporting evidence.


So how not to lose? Is it any wonder why the prosecution wants to transfer the case to the High COurt now where the AG can select the "proper judge" to hear the case?

By the way, Agustine Paul was specially promoted from judicial officer to High Court judge to hear Anwar's case. As a reward, he was promoted to the Federal Court after the case. He professed himself a "Catholic" but sold his soul to the devil to further his ambitions.

Why take chances? Better to demote A. Paul to the High Court temporarily to hear Sodomy II.
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written by truthbespoken, November 15, 2008 17:12:30
I fervently hope it won't get worse as it goes higher up the clouds, oops,courts! I hope there are some good fair elements there..
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