Bar Council's response to dismissal of Anwar's appeal
Tuesday, 16 July 2002 12:00am
The Bar Council acknowledges that the Anwar trial has gone through the necessary steps in the legal process and that the Federal Court decision has to be respected. Nevertheless the Bar Council is of the view that the several irregularities in the trial that had been previously highlighted do not justify a dismissal of Anwar’s appeal. Examples of such irregularities include expunging evidence given on oath, preventing the accused from rais ing every possible defence and limiting him to particular defences, compelling the defence to state in advance what evidence they intended to adduce through various witnesses, disallowing witnesses from testifying and making rulings as to their relevancy without first hearing their testimony.
The dismissal of Anwar’s appeal is all the more surprising given the findings and strong comments made by the Federal Court in Zainur Zakaria’s case as to the conduct of the Anwar trial by the Prosecution and the Judge in the High Court.
Further the Bar Council finds that several aspects of the sentence imposed are highly unusual and regrets that the Federal Court did not see it fit to set them right.
The Bar Council stresses that its views are founded solely upon es tablished principles of criminal law and the safeguards guaranteed to an accused under our law no matter who he may be.
The Bar Council is aware that concerns have been expressed regarding the recent remarks attributed to its Chairman during a telephone conversation with a journalist. The Bar Council wishes to clarify that the said remarks should be understood within the limited context of the said conversation and were not intended to convey the position of the Bar.
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