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©New Straits Times
(Used by permission)
by Rita Jong
KUALA LUMPUR: The media gag on exhibits tendered in the sodomy trial of Datuk
Seri Anwar Ibrahim has been lifted.
Among the exhibits is a statement of claim by Datuk Mat Zain
Ibrahim against Anwar which sets out allegations of abuse of power by Tan Sri
Abdul Gani Patail, the Attorney-General, when he was a senior deputy public
prosecutor 10 years ago.
Mat Zain, a former police officer, is suing Anwar for defamation after the
opposition leader alleged that Mat Zain was involved in fabricating evidence
against him in the "black eye" incident 10 years ago. Mat Zain was then the
officer investigating Anwar's bruised eye sustained when he was attacked while
in police custody.
At the beginning of yesterday's proceedings, Anwar's lead counsel, Sulaiman
Abdullah, applied for Wednesday's gag order to be lifted as legal procedures in
ordering a gag order did not apply.
"The court can impose a gag order in matters relating to children or witnesses.
It is not bound on documents read out in open court," he said.
(On Wednesday, Sulaiman had read out Mat Zain's entire affidavit in court.)
"The exhibits make up the affidavit. Why should it not be published?" he said,
adding that the gag amounted to an effort to cover up vital information against
Gani.
"Do we really have to keep pretending Gani is not trying to finish Anwar off
once and for all?" he asked.
He said Anwar had legitimate reasons for Gani not to be involved in Anwar's
current sodomy trial, and the affidavit supported his claims.
(Anwar's defence team is taking offence that Gani had signed a certificate to
transfer the sodomy trial, in that it goes against an assurance by the Prime
Minister Datuk Seri Abdullah Ahmad Badawi that Gani would not be involved in the
investigations.
(Anwar had lodged a police report against Gani, Inspector-General of Police Tan
Sri Musa Hassan, Mat Zain and forensic expert Dr Abdul Rahman Yusof for
allegedly fabricating evidence against him in the "black eye" investigations.)
Mat Zain responded to Anwar's allegations by suing him; in his statement of
claim, he alleged that Gani was guilty of abusing his powers then.
After Sulaiman had read out Mat Zain's statement of claim on Wednesday, the
prosecution sought a media gag on the ground that the affidavit was based on
hearsay.
Sulaiman contended yesterday that "the gag order would only make the public
question the contents of the exhibits".
"Ten years ago, allegations against Anwar were publicised despite not being
substantiated."
He said the defence then had applied for a gag order, despite which details were
published after the prosecution objected. Now, however, he said when the tables
had turned, the prosecution were the ones applying for the gag.
"The A-G's chambers is blowing hot and cold. If the truth is so damaging to
hear, Gani should himself file an affidavit to the court."
Deputy public prosecutor Datuk Mohd Yusuf Zainal Abiden said he applied for a
temporary gag order until the court ruled if the exhibits were admissible; the
prosecution had objected as the contents were hearsay.
"This is not an issue of transparency but one based on law. We are not trying to
protect anybody," Yusuf said.
After listening to submissions the whole morning, Sessions Court judge S.M.
Komathy Suppiah lifted the gag order.
Submissions on the transfer certificate will be heard on Oct 31.
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Circular No 297/2008
