Anwar's summons to overturn sodomy conviction thrown out

Bede Hong Bede Hong Updated 8 years ago · Published on 8 Nov 2017 4:54PM · 1 Comments

ANWAR Ibrahim’s summons to overturn his sodomy conviction, following allegations that Umno lawyer Shafee Abdullah had received RM9.5 million from Prime Minister Najib Razak, has been struck out.

Judge Azizah Nawawi, at the Kuala Lumpur High Court today, ruled that Anwar must pay RM10,000 in costs to the government.

Anwar’s counsel, N. Surendran, told The Malaysian Insight that the de facto Pakatan Harapan leader would file an appeal immediately.

“We are very, very disappointed. It’s a wrong decision.

“The suit filed by Anwar to declare his conviction invalid has been dismissed. Now, we will appeal at the Court of Appeal.”

The jailed opposition leader had filed a fresh challenge to set aside his sodomy conviction on June 9 following a Sarawak Report expose on May 31 alleging that Najib had used 1Malaysia Development Berhad funds to pay Shafee.

Shafee was the lead prosecutor during the appeal against Anwar’s acquittal.

Sarawak Report said the money came from the same bank account that allegedly had money stolen from 1MDB subsidiary SRC, which had borrowed some RM4 billion from the civil service pension fund Retirement Fund Inc (KWAP).

Shafee, who was at court today, told reporters that allegations that he had been paid by Najib were “total nonsense”.

“I was never paid RM9.5 million to prosecute in Anwar’s case.”

Anwar’s lawyers had argued that Shafee was not independent and had a personal interest in prosecuting the case.

“The truth is that Shafee was paid a total of RM9.5 million in two tranches – RM4.3 million on September 11, 2013, and RM5.2 million on February 17, 2014,” Anwar’s originating summons that was filed in June stated.

“This was about 18 days before the Court of Appeal heard the prosecution’s appeal, reversed the trial judge’s decision and convicted me on March 7, 2014.

“Both payments were made by Najib, (who is) the PM and a servant of the defendant (Malaysian government).”

In today’s ruling, Anwar’s legal team was told that claims that the prosecution had been paid RM9.5 million were a “bare allegation” not backed by evidence.

The Court of Appeal convicted Anwar in March 2014 for sodomising Saiful Bukhari Azlan, a decision that was upheld by the Federal Court in February the following year.

Anwar’s lawyers had said the former deputy prime minister was denied a fair trial as provided for under Article 5(1) of the Federal Constitution. – November 8, 2017.

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Comments

  • Justice Azizah Nawawi is putting the cart before the horse. She struck off Anwar’s application on ground of lack of evidence, but it was also she who had not granted Anwar’s request of access to the required evidence, in the form of the relevant bank statements.
    Why can’t she wait until the issue of Anwar’s request for bank statements is settled? Is it fair to hear and pass judgement on the “striking out” application even before Anwar’s request for the relevant bank documents (which would be the irrefutable proof of payments from Najib to Shafee) is granted?
    In calling Anwar’s allegation groundless, why didn’t Justice Azizah give any consideration at all to the important fact that neither Najib nor Shafee had ever denied the veracity of such payment, whether outside or inside the court, and whether verbal or written?
    Justice Azizah’s rash judgement is one-sided, bias, and an obvious miscarriage of justice.
    Anwar is right in deciding to appeal to the Court of Appeal immediately to seek redress to such travesty of justice.

    Posted 8 years ago by Kim quek · Reply