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Anwar's sodomy case postponed to Sept 24
©The Sun (Used
by permission)
KUALA LUMPUR (Sept 10, 2008): The role of Attorney General
Tan Sri Abdul Gani Patail in Datuk Seri Anwar Ibrahim's sodomy case came into
question today when the Anwar's lawyers objected to a sudden application by the
prosecution to transfer the case to the High Court.
In objecting to the transfer application, Anwar's lead lawyer Sulaiman Abdullah
said Abdul Gani was involved in a police report filed by Anwar who accused him
(Abdul Gani) and Inspector-General of Police Tan Sri Musa Hassan of abuse of
power in the sodomy charge against him in 1998.
"We were categorically informed that Tan Sri Abdul Gani Patail would play
absolutely no part in this prosecution," said Sulaiman who pointed out that the
prosecution's application was signed by Abdul Gani.
(Prime Minister Datuk Seri Abdullah Ahmad Badawi had on July 19 announced that
Abdul Gani and Musa would be excluded from involvement in the case as Anwar had
alleged that they had fabricated evidence against him in the infamous "black
eye" incident in 1998. In 1998, during the investigation of Anwar’s sodomy
charges, Musa was the senior investigating officer while Abdul Gani was the head
of prosecution.)
"In order to sign this certificate, he (Abdul Gani) would have to apply his mind
(to the case). He is not the chief clerk who just signs documents in front of
him. ," Sulaiman said.
"He has to apply his mind to the circumstances, cases and consideration to be
taken into account before deciding. He is the one who decides whether public
interest is involved," Sulaiman added.
Anwar, claimed trial on Aug 7 to the charge of sodomising his 23-year old former
aide Mohd Saiful Bukhari Azlan at a luxury Damansara condominium between 3.01pm
and 4.30pm on June 26 this year.
Deputy Public Prosecutor Datuk Yusuf Zainal Abiden had at the start of
proceeding this morning, filed the application before Judge S.M. Komathy Suppiah
in a courtroom packed with media and supporters, saying that the case was one of
"significant public importance".
"We are asking for the case to be moved because of his (Anwar's) standing, and
this case is of unusual importance... the law provides for this. The other
reason is because of the public interest in the case. Everybody is interested in
the case," said Yusuf.
This led Sulaiman to instantly object to the application signed by Abdul Gani.
"We see absolutely no need for this transfer. Your Honour has the experience,
the ability and certainly the jurisdiction... 26 years, not as much perhaps as
the learned DPP," quipped Sulaiman.
Komathy later postponed the case to Sept 24 to give time for Anwar's lawyers to
prepare arguments against the prosecution's application to transfer the case to
the High Court.
She said the two-week period is to let the defence do research on whether there
is a need to move the case to the High Court, as the prosecution had argued that
this was the procedure when dealing with a prominent person.
Speaking to press outside the court after the court proceeding, Anwar who is
Permatang Pauh MP and Parliamentary Opposition Leader slammed the prosecution
for conducting the "trial by ambush", saying his lawyers were only notified of
the application today.
Meanwhile, asked why his lawyers had asked for the next hearing to be held on
Sept 24, Anwar quipped that it was "because I have to go to Taipei to get the
MPs."
Asked if his aim of overthrowing the federal government on Sept 16 had been
derailed, Anwar claimed it was still on schedule, and dismissed claims that it
had been delayed or thwarted.
"No, we are still working on it. It is a technicality as to whether I have to go
to Taipei to get them to come back, or whether they'll come back," said Anwar,
who also commented on former Prime Minister Tun Dr Mahathir Mohamad's intended
return to UMNO
"He's hastening the sinking ship," said Anwar, who was accompanied by his wife,
Parti Keadilan Rakyat president Dr Wan Azizah Wan Ismail and his daughters,
Lembah Pantai MP Nurul Izzah Anwar and Nurul Huda, as well as one of his
lawyers, Sankara Nair.
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