Court throws out Anwar suit, says 'backdoor' attempt to overturn conviction
The court says the jailed opposition leader has failed to name the officer accused of obtaining a conviction against him by fraud.
Anwar says he is disappointed by the High Courtâs decision but ânot surprisedâ. (AFP pic)
KUALA LUMPUR: The High Court today struck out a lawsuit by Anwar Ibrahim against the government over his conviction for sodomy four years ago, and ordered him to pay a RM5,000 cost to the government.
High Court judge Nik Hasmat Nik Mohamad called the jailed opposition leaderâs suit a âbackdoor attemptâ to overturn the judgments by the Court of Appeal and the Federal Court which found him guilty of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.
âIf itâs not a backdoor attempt, then itâs a veiled attem pt to derail the judgement,â she said.
The court also ruled that Anwar had failed to name the officer accused of obtaining a conviction against him by fraud.
âThere is a need to name the particular officer under the Government Proceedings Act under his statement of claim so the government will be able to answer the allegation of fraud.â
Nik Hasmat also questioned Anwarâs complaint, adding that he was initially acquitted by the High Court, before the conviction was overturned at the appealsâ stages.
âThe alleged fraud was only brought up a few years later,â she said.
In his response, Anwar said he was disappointed by the decision but ânot surprisedâ.
âI was looking for one judge that has the courage to respect the rule of law, and one avenue to see justice is done.
âOtherwise we wait for GE14,â said Anwar as he was escorted back to court by prison wardens.
Anwar in the lawsuit filed in April last yea r said the guilty verdict should be set aside as it was based on perjured evidence by Saiful.
Anwar said the prosecution was aware that Saiful was an untruthful witness, and had fabricated false evidence in the form of an alleged DNA sample.
Anwar said the government had fraudulently presented Saiful as the main prosecution witness, adding that the latterâs evidence was perjured and the act of sodomy had never taken place.
As such, Anwar said the judgments of the Court of Appeal and Federal Court must be set aside as provided under Section 44 of the Evidence Act.
Anwar was acquitted of the charge by the High Court in 2012, but the Court of Appeal reversed this in 2014, and sentenced him to five yearsâ jail. The Federal Court later upheld the decision.
He is expected to be released on June 8, following a one-third remission granted by prison authorities.
Anwar had previously filed another suit against the government on claims that RM9.5 m illion was paid to senior lawyer Shafee Abdullah, who led the prosecution team. The court struck out the suit.
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Source: Google News