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©The
Sun (Used by permission)
by S. Tamarai Chelvi
KUALA LUMPUR (Oct 07, 2008): Datuk Seri Anwar Ibrahim's lawyer today argued in
court against the involvement of the Attorney-General in the politician's sodomy
trial, saying that the two men had a "bad relationship and unresolved matters".
Lawyer Sulaiman Abdullah told Sessions judge S.M.Komathy Suppiah: "Based on past
records and events, it is abundantly clear that DSAI (Datuk Seri Anwar Ibrahim)
and the AG have a bad relationship and unresolved matter, which require further
investigations.
"There exists a reasoned perception that the AG has an "axe to grind" against
DSAI."
Sulaiman said Prime Minister Datuk Seri Abdullah Ahmad Badawi had publicly
stated that the AG Tan Sri Abdul Gani Patail would not be involved in respect of
this case against Anwar.
"At the last mention on Sept 10, it was conceeded by the prosecution that this
was their position as well. Given this, it has given rise to a legitimate
expectation (in favour of DSAI and the member of the public) that the AG indeed
would have no role to play in the conduct of the prosecution against Anwar."
He said on Aug 7, when Anwar was first charged in court, Solicitor-General Datuk
Idrus Harun led the prosecution team. "This was consistent with the position
that the AG had been disqualified from handling the case."
"However, on Sept 10, the AG's hand (his signature on the transfer certificate
dated Sept 9) in the case became evident. The honourable Solicitor-General no
longer led the prosecution team," said Sulaiman.
He said before the AG signed the transfer certificate, the AG must apply his
mind to the facts of the case and consider the reasons justifying a transfer,
and that this is not a mechanical process whereby the AG purely "rubber-stamps"
or endorses the certificate.
He said in a situation where there is a conflict of interest or real danger or
suspicion or likelihood of bias, the AG is automatically disqualified from
making decision to transfer the case.
He said Anwar had lodged a complaint against the AG and that the AG had
threatened Anwar with a civil suit.
(In his affidavit of Sept 22, 2008, Anwar said he lodged a police report against
Gani on July 1, 2008 and that Gani had filed a letter of demand dated July 11,
2008.)
Sulaiman said the PM's representation has not been revoked or contradicted and
continues.
"It is therefore surprising that the AG has stepped into the arena (from which,
he has been barred) by signing the transfer certificate."
He submitted that the court should reject the transfer certificate so as to
uphold Anwar's expectation that the AG would not be involved in the case.
"Without the involvement of the AG, no transfer certificate may be signed
validly. The certificate dated Sept 9 is null and void," said Sulaiman.
Earlier in the morning when the trial started, judge Komathy ruled that her
court has the discretion to hear submissions on the defence objection
questioning the validity of the certificate produced by the prosecution to
transfer Anwar's case to the High Court.
She rejected ae preliminary objection by the prosecution which contended that it
was mandatory for the Sessions Court, under Section 418A (3) of the Criminal
Procedure Code, to transfer the case to the High Court once the transfer
certificate had been issued by the prosecution.
She made the decision based on four cases, including the corruption case of
former Sawit Kinabalu Group managing director Datuk Wasli Mohamad Said where it
was held that the Sessions Court had the jurisdiction to determine the validity
of the transfer certificate in question.
She also denied the application by Datuk Mohamed Yusof Zainal Abiden, head of
the prosecution unit in the Attorney-General's Chambers, for a stay of execution
of her decision pending the prosecution's filing for revision at the High Court.
However, Komathy granted the prosecution's application for the AG and
Solicitor-General to file affidavits to support its (prosecution) submission on
the defence objection.
The submission by Sulaiman continues today (Wednesday). The prosecution will
also submit today.
Anwar, 60, is charged with voluntarily committing carnal intercourse against the
order of nature with his former aide, Mohamad Saiful Bukhari Azlan, 23, at Unit
11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between
3.01pm and 4.30pm on June 26.
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