Monday, November 16, 2015

Anwar’s Sodomy II review kicks off at Federal Court

Hafiz Yatim 

Jailed former opposition leader Anwar Ibrahim's bid to review his Sodomy II conviction and sentence will be heard before the Federal Court today.
The review will first involve hearing Anwar's application to call former Commercial Crime Investigation Department director Ramli Yusof, who was previously the Bukit Aman CID deputy director in 1998 during Sodomy I and Anwar's ‘black eye incident’.
Former Federal Court judge Gopal Sri Ram is representing Anwar while DPP Mohd Hanafiah Zakaria leads the prosecution
10.50am: Justice Zulkefli says they will deliver a decision on another date. The session for today is thus concluded.
10.40am: Gopal in reply says Section 93(1) of the Courts of Judicature Act, by analogy, states the evidence is necessary in the interest of justice.
As to the statement the prosecutors say is hearsay, he submits the defence have to be allowed to show an ill-mind against the applicant (Anwar).
Gopal further reads Ramli's evidence that Musa had bypassed him (Ramli) by consulting Gani, along with DPP Azahar Mohamad, and Nordin Hassan despite Ramli being the Bukit Aman deputy CID deputy director.
This, the senior lawyer says, involves Sodomy I.
He further says that Gani had gotten involved in Sodomy II when he ordered the transfer of the case to the High Court and he appointed Shafee as the prosecutor.
10.30am: Hanafiah says hence there is not a need for an affidavit from Gani to rebut this.
He says that what Ramli says is based on hearsay evidence, as what he alleges that Mohtar, Gani had asked him to do (lodge a report) was only informed by Musa.
"This evidence is based on hearsay and there is no need to call Gani to make an affidavit," Hanafiah says.
Following this, justice Malanjum says Musa should be the one making the affidavit.
Hanafiah says Anwar failed to comply with the threshold set to call Ramli.
10.15am: DPP Hanafiah taking his turn says there is no fresh evidence adduced with regards to Sodomy II.
"The applicant has failed to satisfy requirements as the evidence should be adduced in the trial,” he says.
He says similar evidence was adduced from Mat Zain during the earlier hearings.
“This was available and at the Court of Appeal it was made through an affidavit by Mat Zain to disqualify prosecutor Muhammad Shafee Abdullah from leading the prosecution," he says.
This information was available then, and the issue of it being given zero weight does not arise as it was not brought up then, he argued.
Hanafiah says the ‘black eye incident’ happened in 1998 and to say the 2008 incident involved political conspiracy was too remote.
"Musa was not involved in the 2008 investigations. I have personal knowledge as I was involved from the start of the prosecution," says Hanafiah.
9.55am: Gopal pointed out there is no affidavit in reply from Gani to rebut the evidence made by Ramli.
"When an allegation is made, it must be answered. This is not a trivial matter," he says.
Justice Malanjum asked whether this had been brought up before, and Gopal says there was no evidence then, but this evidence now shows there is probable allegation of political conspiracy, as their case is that Saiful had acted as a Trojan horse, as shown by when he was brought to meet Prime Minister Najib Razak.
In addition there is also the involvement of senior assistant commissioner (SAC) II Mohd Rodwan Mohd Yusof, who had also been involved in Sodomy I.
"The (largest) political threat to the PM now is Anwar," he added.
9.45am: Gopal cites an incident with Ramli's witness, who said he was the one who had pulled then IGP Abdul Rahim Noor away from Anwar when the latter had hit the applicant.
Ramli, Gopal says, was asked by Musa, then AG Mohtar Abdullah and Gani to lodge a police report that Anwar had hit himself, which Ramli did not do.
"There is propensity to victimise my client, as Musa rose to become IGP in Sodomy II."
Justice Zulkefli says there was a statutory declaration by former KL CID chief Mat Zain Ibrahim on this issue, but Gopal says the apex court had rejected the SD by Mat Zain.
The point, he says, is this is another piece of positive evidence.
"This substantiates the (contention of political conspiracy) of a pre-arranged plan.
9.40am: Gopal says the Federal Court can invoke its inherent jurisdiction of rule 137 to hear and allow this application.
He cites an Indian court case where the court has the powers, in the interest of justice and to prevent injustice, to make the order.
The further evidence, he cited, they want to adduce the case is a political conspiracy, where on a previous occasion in a similar charge Anwar was assaulted in the lock up, where there are allegations of fabricating evidence.
9.35am: Court starts with justice Zulkefli presiding.
9.33am: One of Anwar's toddler grandchildren waves at Anwar and say, "Bye-bye Tok," as children are not allowed in court.
Anwar waves back.
9.10am: Anwar's application, if allowed, is for Ramli to give an oral testimony in the apex court on the 'black eye' incident.
This follows Ramli's testimony in the High Court, during the Copgate trial, that he had been asked to conspire with then investigating officer Musa Hassan and Abdul Gani Patail to help fabricate the 'black eye incident' in 1998.
8.55am: Gopal Sri Ram arrives. He shakes Anwar's hands while the prison guards follow him.
DPP Mohd Hanafiah Zakaria, who is the deputy head of the prosecution division, will be leading the prosecution.
Some of the PKR leaders present include Anwar's wife and party president Dr Wan Azizah Wan Ismail, party disciplinary committee head Tan Kee Kwong and Sabah PKR chief Lajim Ukin.
8.45am: Anwar walks into the federal court wearing a coat and a blue long sleeved shirt.
There are five prison guards accompanying the PKR de facto leader.
Queen’s counsel Mark Trowell, who is representing Lawasia and Inter Parliamentary Union is present.
The five-member bench will be headed by chief judge Malaya Zulkefli Ahmad Makinuddin.
The others are chief judge of Sabah and Sarawak Richard Malanjum, and Federal Court judges Hasan Lah, Abu Samah Nordin and Zaharah Ibrahim.
Anwar alleges there is a continuous political conspiracy against him.
Lawyer Ramkarpal Singh and Sivarasa Rasiah are also in court as part of Anwar's defence team. Also in court is Lembah Pantai MP Nurul Izzah Anwar.
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