A+ | A- | Reset

==> Pls visit new site at http://malaysia-today.net/ <==

Home

News & Commentaries

Sodomy II: Appeal dismissed, High Court to hear case

Posted by admin

Thursday, 02 July 2009 17:46

(The Star) - Opposition leader Datuk Seri Anwar Ibrahim will be tried for his sodomy charge in the High Court, the Court of Appeal ruled.

In a unanimous dismissal of his appeal against an order to move his case from the Sessions court to the High Court, Court of Appeal judge Justice Abdull Hamid Embong said that the three-man bench had observed that there was “absolutely no evidence, not even misgivings, that Datuk Seri Anwar Ibrahim would not get a fair trial in the High Court.”

“Considering all the factors, we feel that it would be better that the High Court deal with this charge against him.

“The assurance given by the former Prime Minister that the Public Prosecutor (Attorney-General Tan Sri Abdul Gani Patail) will not take any part in his prosecution is essentially a firm statement that he will get a fair and open trial,” he said.

He added that the fact that the Public Prosecutor had undertaken to have this case transferred to the High Court would in now way detract Anwar of his opportunity for a fair trial.

“To us, the choice of forum of this trial is inconsequential,” he said.

Justice Abdull Hamid, who sat with Justices Abu Samah Nordin and Jeffrey Tan Kok Wha, handed down the judgment from a 17-page skeletal decision. The full grounds of the judgment would be provided at a later date.

In an immediate response outside the courtroom, Anwar said he was “disgusted” by the decision.

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 be moved.

On March 10, Sessions Court judge Rozana Ali Yusoff transferred the trial to the High Court.

The Kuala Lumpur High Court will hear on Friday Anwar’s application to compel the prosecution to provide him with documents and evidence relevant to preparing his defence for his sodomy trial, scheduled for July 8.

It will also hear Anwar’s application to strike out his sodomy charge on the same day.

Comments (7) Add Comment

...
written by macho, July 02, 2009 18:09:27

Hardly suprising. Just expect the worst. When the judiciary, executive and law enforcement gang up against you there is no chance for escape. Need some foreign or divine intervention. We can only hope

report abuse

disagree 3

agree 13

...
written by shamsulyunos, July 02, 2009 18:36:43

Transfer from sessions to high court of high profile cases are normal , natural and almost expected because the higher court has at it s disposal more experienced judges and personnel, that was what happened.
Anwar is disputing the transfer based on the fact that it was signed by Ghani Patail, this is why the Court of Appeal said that it does not matter who signed the transfer.

If you think that a high court judge, who is more senior than a sessions court judge can be threatened and coerced into deciding for the Government, then surely it is easier to exert pressure on the more junior sessions court judge...

or do you think if there are any honest judges they are only to be found in the sessions court... that can't be correct because at least one high curt judge decided in favour of Pakatan in the Perak case

don't get all emo, discuss this subject with facts and reason then people will respect you

report abuse

disagree 5

agree 6

...
written by arazak, July 02, 2009 19:48:53

". . . there was â€œabsolutely no evidence, not even misgivings, that Datuk Seri Anwar Ibrahim would not get a fair trial in the High Court.â€
------------------------------------------------------------------

Hmmmn. . . , after the 1998 sham trial, with those trio of Ghani Pak Tahi, Mr. Mattress, and Mr Gula-gula Hacks, the public thought otherwise of our court system. . .!

Just look back into the 1998 case - Is fabricating evidence, forcing witness to confess under torture and duress, and changing charges several times during trial to suit the whims of certain people with vested interest would result in a fair trial? That's what I said. . ., the public thought otherwise!

report abuse

disagree 1

agree 7

...
written by educationist, July 02, 2009 19:54:20

I different decision will be a surprise!
Well, Anwar better get his defence going now that its obvious the persecution of him will continue.
If he's to go down as is to be expected , let him expose the stink of the UMNOputras to the world!!

report abuse

disagree 1

agree 3

...
written by my oumrie, July 02, 2009 20:08:45

The Kuala Lumpur High Court will hear on Friday Anwarâ€™s application to compel the prosecution to provide him with documents and evidence relevant to preparing his defence for his sodomy trial, scheduled for July 8.
---------------------------------------------------------------------------------

As the Rakyat knows full well, they will hang on to the documents & evidence for last minute alterations what....! BLOODY MUNAFIQS!!!

report abuse

disagree 1

agree 6

...
written by Anti Relon, July 02, 2009 20:25:44

From Financial Times Online 2.7.2009
www.ft.com

Financial Times FT.com

India court drops gay sex ban

By Amy Kazmin in New Delhi

Published: July 2 2009 08:18 | Last updated: July 2 2009 08:18

The New Delhi high court on Thursday ruled that the ban on consensual same-sex acts between adults â€“ under a British colonial-era law introduced in 1860 â€“ was in violation of Indiaâ€™s constitution.

The landmark decision on civil rights thrilled Indiaâ€™s gay community, which has long complained that homosexuals in the country are treated as second-class citizens and easily subjected to police harassment because of the law. But it is likely to incense many religious organisations in the country.

The verdict was made in response to a court case filed by Naz Foundation India, an organisation that promotes safe sex practices between men, challenging article 377 of the Indian Penal Code on the grounds that it violates Indiaâ€™s liberal, democratic post-independence constitution.

The existing law does not address same-sex acts specifically, but is a ban on â€œcarnal intercourse against the order of natureâ€. It has been used mainly to prosecute male homosexuals, however.

The National Aids Control Organisation, which has backed the Naz challenge, says criminalisation of gay sex has hampered efforts to fight HIV/Aids among a high-risk group.

The home ministry, however, had warned the court that decriminalising what it terms â€œunnatural sexâ€ could â€œopen floodgates of delinquent behaviour and be misconstrued as providing unbridled licence for the sameâ€.

Conservative religious groups across the spectrum, including Hindus, Muslims and Christian representatives in India, have echoed similar concerns.

However, social activists, gay groups and some liberal officials say such intolerance is a colonial import at odds with the older Indian acceptance of sexual diversity. Hindu mythology even has stories of deities temporarily changing their gender for amorous encounters.

The Indian government can launch an appeal at the Supreme Court.

Â© Copyright The Financial Times Ltd 2009.

report abuse

disagree 0

agree 1

...
written by nangkarajah, July 03, 2009 11:10:14

The chances of Anwar getting a fair trial are as good as getting the same from a makeshift "court" conveniently set-up by WW2 Japanese occupation troops in Malaya. I therefore totally agree with the following:-

written by macho, July 02, 2009 18:09:27
Hardly suprising. Just expect the worst. When the judiciary, executive and law enforcement gang up against you there is no chance for escape. Need some foreign or divine intervention. We can only hope

Under Clinton and Bush, We've seen the US State Department warning against POLITICAL PERSECUTION of Anwar. Under Obama, we've yet to hear what the US State Department has to say.

report abuse

disagree 0

agree 0

Write comment

This content has been locked. You can no longer post any comment.

You must be logged in to a comment. Please register if you do not have an account yet.