ANWAR Ibrahim has applied to have his conviction set aside, on grounds it was fraudulently obtained, following allegations the prosecutor in his sodomy trial, Muhammad Shafee Abdullah, received kickbacks.

“We have thought it through at length. We find a compelling case for a hearing and not neccesarily in my favour. We should not reject this,” Anwar told Justice Nik Hasmat Nik Mohamad.

The de facto PKR leader said there was a need to “ascertain whether there is a fraudulent case in obtaining facts and evidence.” 

“At least allow us to present the case to see case… the need is compelling when he prosecutor (allegedly) received large sums of money. Denying us is denying an avenue of justice,” he said. 

Whistleblower site Sarawak Report in a report last year alleged Shafee had received RM9.5 million from Prime Minister Najib Razak’s 1MDB slush funds for the former’s role in the 2014 trial that ended with a five-year jail sentence for Anwar for sodomy. 

Shafee, a seasoned lawyer, had since held roadshows to tell his side of the story in Anwar’s sodomy conviction.

Anwar was speaking on an application pending in the Court of Appeal after it was struck out by the Kuala Lumpur High Court in November. That application had sought to disclose Shafee’s bank account transactions and to set aside Anwar’s conviction.

Today, the Kuala Lumpur High Court heard the government’s submission to strike out a separate application filed by Anwar in April to set aside the sodomy conviction on grounds that it was obtained by fraud. 

The Attorney-General Chambers has filed an application to strike out the writ of summons.

In his application, Anwar said the government, the sole defendant in the civil suit, knew that his accuser, Mohd Saiful Bukhari Azlan was an untruthful witness and had given false evidence in his second sodomy trial.

Anwar said that the conviction was obtained through perjured or false evidence and that Saiful gave perjured evidence which to the knowledge of the government was false.

Anwar said false evidence in the form of an alleged DNA sample was fabricated and used to support the perjured evidence of Saiful, leading to his conviction. 

“I’m somewhat disturbed by your submission,” Nik Hasmat told Anwar’s lawyer, N. Surendran. 

“The case is ancillary whether fraud is committed. It is very serious. In essence, you are primarily challenging the judicial process.  

“The primary focus seems to be the judgement and court processes of the Court of Appeal and the Federal Court and yet you left out the High Court ruling (which acquitted Anwar). It seems selective… and it (the sodomy trial) has gone through the whole mode. 

“I don’t want to say more because I don’t want to be misconstrued,” Nik Hasmat said.

In his submission today, government lawyer Awang Armadajaya Awang Mahmud said Anwar should have named the attorney-general who is also the public prosecutor, instead of the government.

He said Article 145 (3) stated that the AG, acting as public prosecutor, had the discretion to institute criminal proceedings in civil courts.

The Court of Appeal overturned an acquittal by the High Court and sentenced Anwar in March, 2014 for sodomising Saiful, his former aide, at Desa Damansara Condominium in Bukit Daman­sara on June 26, 2008. 

The Federal Court later upheld the decision. 

Justice Nik Hasmat said a decision will made on March 12 whether to strike out the suit by Anwar. 

“If she is in our favour then that matter would be set down for trial, with witnesses on Anwar’s suit that the judgement be set aside,” Anwar’s lawyer Surendran told reporters.

“If there is a trial, Anwar will call all the necessary witnesses.” 

Anwar, who was sentenced in March 2014, is set to be released in June for good behaviour.  – February 8, 2018.