Netizen 24 MYS: Court throws out Anwar suit, says 'backdoor' attempt to overturn conviction

By On March 12, 2018

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 Court’s decision but ‘not surprised’. (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 leader’s suit a “backdoor attempt” 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.

“If it’s not a backdoor attempt, then it’s a veiled attem pt to derail the judgement,” she said.

The court also ruled that Anwar had failed to name the officer accused of obtaining a conviction against him by fraud.

“There 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.”

Nik Hasmat also questioned Anwar’s complaint, adding that he was initially acquitted by the High Court, before the conviction was overturned at the appeals’ stages.

“The alleged fraud was only brought up a few years later,” she said.

In his response, Anwar said he was disappointed by the decision but “not surprised”.

“I was looking for one judge that has the courage to respect the rule of law, and one avenue to see justice is done.

“Otherwise we wait for GE14,” 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 latter’s 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 years’ 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.

Anwar’s release date could still change, says Zahid

Anwar wants Sodomy II charge revoked because Saiful lied

Anwar’s suit can’t stand as wrong party named, says govt lawyer

Source: Google News

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