Feb 23 decision on Anwar’s appeal against striking out of suit on sodomy conviction

The Court of Appeal in Putrajaya today set Feb 23 next year to decide on Anwar Ibrahim’s appeal against a High Court’s decision striking out his originating summons relating to his sodomy conviction against former aide Mohd Saiful Bukhari Azlan.

A three-member panel comprising judges Lee Swee Seng, Abu Bakar Jais and Supang Lian fixed the date after hearing submissions from Anwar’s counsel Gopal Sri Ram, senior federal counsel Suzana Atan who appeared for the government, and lawyer Harvinderjit Singh, representing lawyer Muhammad Shafee Abdullah, as the intervenor, in the virtual appeal proceedings today.

Anwar is appealing against the Kuala Lumpur High Court’s decision on Nov 8, 2017, allowing the government’s application to strike out his originating summons after ruling that the case was groundless and without any supporting evidence.

Anwar, in his originating summons filed on June 9, 2017 against the government, claimed that he did not receive a fair trial in the appeal against his sodomy conviction.

The Port Dickson MP is seeking a declaration that his conviction by the Court of Appeal on March 7, 2014 was ultra vires the Federal Constitution and therefore null and void.

He is also seeking an order that the decision by the Federal Court in upholding the Court of Appeal’s decision was ultra vires and therefore, null and void.

In his affidavit, Anwar alleged that Shafee had received RM9.5 million from former prime minister Najib Razak to lead the prosecution team in the appeal over his sodomy conviction.

Anwar’s conviction and sentence of five years’ jail for sodomising Saiful was upheld by the Federal Court. Anwar, however, was given a full pardon by the king on May 16, 2018.

Earlier, Sri Ram submitted that the case should be remitted to the High Court so that the veracity of the RM9.5 million payment purportedly made to Shafee to conduct the prosecution in the sodomy appeal could be tested.

“We are just saying, give us an opportunity to test the veracity of this payment,” he said, adding that Shafee needed to be cross-examined relating to the RM9.5 million payment.

Sri Ram also said Anwar had not received a fair trial following Shafee’s failure to disclose the payment.

“The payment was made by then prime minister Najib Razak who had an interest in the outcome of Anwar’s sodomy case,” he said.

Meanwhile, Suzana submitted that Anwar had been given a fair trial in the High Court which resulted in an acquittal on the preferred charge.

“Based on the evidence presented before the High Court, the Court of Appeal had reserved the findings of the High Court leading the criminal conviction.

“This criminal conviction was affirmed by the Federal Court. As such, this application which is to nullify the criminal conviction is a collateral attack on the judgments of the Court of Appeal and the Federal Court and this court has no jurisdiction to deal with the same,” she said.