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The Bar Council notes the dismissal by the Court of Appeal today of the appeals by Dato’ Seri Anwar Ibrahim and Sukma Dharmawan against their respective convictions for sodomy. As the written grounds of judgment have yet to be made available, the Council will make its views known on the substantive aspects of the dismissals when it is in a position to do so.

On the question of bail pending appeal, the Court of Appeal refused Dato’ Seri Anwar’s application and further revoked the bail granted to Sukma by the High Court. Counsel holding a watching brief for the Bar Council has reported that, after having been informed by counsel for the appellants that they wished to be heard on an urgent application for bail and stay of execution pending appeal to the Federal Court, the Court of Appeal informed all present that they would adjourn for a few minutes. However, the Court of Appeal only resumed sitting after more than an hour, and then proceeded to direct counsel to address it on whether an oral application for bail and stay of execution could be entertained. The Bar Council finds that this direction flies in the face of the time-tested practice of oral applications in criminal proceedings, especially in circumstances of urgency where serious matters such as the liberty of a person are involved.

In the afternoon, the Court of Appeal heard submissions on the question of the mode of application for bail and stay of execution, and ruled that a written application was required. It therefore declined to hear the oral applications for bail and stay of execution. The Bar Council regrets that the Court of Appeal has avoided or postponed the need to make a decision today, which leaves many questions unanswered and runs counter to the dictate that justice must not only be done but must be seen to be done. The Bar is deeply disturbed and saddened that, today, justice was not done; as the issue of the liberty of a person was not accorded the immediacy and urgency it so justifiably demanded and deserved. 

Dated this 18th day of April 2003

Haji Kuthubul Zaman Bukhari
Chairman
Bar Council