(The Star) - It’s back to square one for Opposition leader Datuk Seri Anwar Ibrahim after the Court of Appeal overturned the High Court’s decision compelling the prosecution to provide him with documents and DNA samples he said were crucial for his defence in a sodomy trial.
In a unanimous decision Friday, Justices Hasan Lah, Abu Samah Nordin and Sulaiman Daud allowed the prosecution’s appeal against the High Court decision and dismissed Anwar’s cross appeal.
In doing so, the prosecution will no longer need to provide Anwar with any of the key documents as ordered by the High Court.
Justice Hasan Lah, in handing down the court’s ruling, said that the bench disagreed with the High Court’s interpretation of Section 51A of the Criminal Procedure Code (CPC), which formed part of the basis for the order.
He ruled that the documents and evidence Anwar had applied for did not fall under the purview of Section 51A, and that there were still limitations to the documents provided to a defendant pre-trial.
“In a criminal proceeding, the law does not allow a fishing inquiry,” he said.
Section 51 of the CPC authorises that documents or things which are necessary for the purpose of the trial may be ordered to be produced.
Section 51A, an extension of Section 51 when the Act was amended in 2006, pertains to the delivery of more documents to the accused pre-trial.
Among the documents and evidence Anwar was seeking for him to prepare his defence were CCTV recordings, medical reports from Hospital Kuala Lumpur and Hospital Pusrawi, chemist’s notes, the prosecution’s witness list and statements, and DNA samples taken from complainant in the case, Mohd Saiful Bukhari Azlan.
On July 16, Kuala Lumpur High Court judge Justice Mohamad Zabidin Mohd Diah had granted Anwar’s application to obtain certain documents, including copies of witness statements, CCTV recordings and police reports, to prepare his defence, and directed the prosecution to comply with the order within a week.
However, the court dismissed Anwar’s application to get the DNA samples.
On July 24, Justice Mohamad Zabidin granted a stay on his ruling pending the prosecution’s appeal in the Court of Appeal. Anwar also filed a cross-appeal for the DNA samples.
Speaking to reporters later, Anwar’s lead counsel Karpal Singh said they would file an appeal with the Federal Court on Monday.
“This is a matter of interpretation of Section 51A. Let the apex court decide.
“What is important to note is that this case sets a precedence and will affect all criminal cases,” he said.
Anwar also has an appeal pending in the Federal Court against the Court of Appeal’s dismissal of his preliminary objection to the prosecution’s appeal in the appellate court. Karpal said they would apply for both matters to be jointly heard.
On March 10, Anwar, 62, had claimed trial to sodomising his former personal aide Mohd Saiful, 24, at a condominium in Bukit Damansara here on June 26, last year.
written by NSTPravda, November 06, 2009 19:22:17
written by KARMANNGHIA, November 06, 2009 19:30:20
Corek, Corek, Corek?
written by toroono78, November 06, 2009 20:08:16
written by lynn, November 06, 2009 20:23:25
A friend told me, he 'gently fcuked' DAP guys abt letting TBH go to MACC's office & when he didn't return by afternoon, nobody went there to howl & demand his release. Some fler told my friend, TBH was not only sodomised resulting in anal tears, his genital region was beaten so bad it all turned black. Am sorry to say this here, it pained me too but people must not forget the inhuman cruelty inflicted on a witness who had done no wrong. People must remember TBH, especially you Chinese - I know, many are making plans to leave bodohland for good. Please leave, if u hv the resources. Good luck.
written by Ghifarix, November 06, 2009 21:43:09
I feel angry and bitter to see Muslims behave this way, Mubarak Saddam Zainal Abidin Ali of Tunisia, Salleh in Yemen all despotic men bent on power who incidentally "were"/are Muslims.
written by harryo, November 06, 2009 23:13:58
written by Democrats, November 06, 2009 23:42:32
I'm begining to wonder if the high court judges that ruled against the government are genuinely fair with conscience or just part of the wayang kulit, knowing there will be an appeal which the appeals court will overturn the decisions.
Oh, Please let there be a person such as the guy from "Law Abiding Citizen", take out the entire legal system, NOW!!!!!!
written by Fuminari, November 07, 2009 00:08:18
written by InEffective, November 07, 2009 00:37:32
Now any and all crimes evidences can be fabricated, incriminated, planted, by our killer authorities, aided and abetted by our poodle judges.
And they don't even have to disclose,prove,show these evidences, whilst they pass judgment on the victim.
My view is wanted posters for our justices should be called for - imagine, being judged by criminals.
written by Semut Jantan, November 07, 2009 02:01:30
Why even bother to go through the mockery of kangaroo court trials? We already know the end result; just cut short the wayang and haul DSAI straight into the prison, will you?
Celaka.
written by Semut Jantan, November 07, 2009 02:08:37
“In a criminal proceeding, the law does not allow the defendant's laywer to speak,” he said.
I think the latter made more sense.
Celaka.
written by Semut Jantan, November 07, 2009 03:26:46
You are just waiting to be punished by the higher authority. Your $$$ that you 'earned' will not serve you any good in your remaining short years. You might as well do the right thing before it is too late. This goes the same to any UMNO cohorts out there. Yes, MACC included, just come out clean with TBH case for those of you who are involved and those who knew but covered up, you are equally guilty.
written by Aduh, November 07, 2009 04:07:40
The sufferings and pains suffered by DSAI arising from any injustice on your part are nothing compared to the undecribable punishment you are going to get from Allah. It will be hell. Are you that naive not to know that!!!
written by Divine, November 07, 2009 08:21:00
written by hellosunshine, November 07, 2009 08:39:05
written by adan, November 07, 2009 08:57:12
And probably all of them could have been 'sponsored'by MAHA-TIRU.
How else can one justify SOME of the recent judgements 'HANDED DOWN' by BN GOVT???
written by onnetline, November 07, 2009 10:07:10
written by Ahjamal, November 07, 2009 11:53:09
Now they can enjoy but the ALL MIGHTY will end their enjoyment soonest.
written by goldeneye, November 07, 2009 13:03:07
written by Ron, November 07, 2009 13:08:48
written by Rock, November 07, 2009 14:01:12
written by justice seeker, November 11, 2009 16:24:36
In a unanimous decision Friday, Justices Hasan Lah, Abu Samah Nordin and Sulaiman Daud allowed the prosecution’s appeal against the High Court decision and dismissed Anwar’s cross appeal.
In doing so, the prosecution will no longer need to provide Anwar with any of the key documents as ordered by the High Court.
Justice Hasan Lah, in handing down the court’s ruling, said that the bench disagreed with the High Court’s interpretation of Section 51A of the Criminal Procedure Code (CPC), which formed part of the basis for the order.
He ruled that the documents and evidence Anwar had applied for did not fall under the purview of ...
SO MR NAZI, WE CAN AND WILL ALL NOW ASSUME LINGAM'S HIDDEN HANDS WERE BEHIND ALL THESE MFKRS PRESIDING ON CASES DETRIMENTAL TO YOU FCKRS WITH YOUR STUPID STATEMENT ???
