Anwar loses bid against conviction
Published on: Tuesday, March 13, 2018

Kuala Lumpur: The High Court here on Monday allowed an application by the Government to strike out a suit by former opposition leader Datuk Seri Anwar Ibrahim who claimed that his conviction and sentence for sodomy were based on fraud and perjured evidence.Judge Datuk Nik Hasmat Nik Mohamad, in her judgement, said the suit did not state a reasonable cause of action, petty, an inconvenience and an abuse of the court process.

She said the Attorney-General had absolute power to initiate prosecution against anyone and it should not be questioned and provided under Article 145 of the Federal Constitution.

On the issue of fraud in the testimony of the prosecution witness, she said the court found that the issue was not specified in detail by Anwar.

"The court finds that the plaintiff did not name the officer or the defence witness who was alleged to have given false testimony in the court," she said.

The judge also said it was inappropriate to associate the conviction and sentence for sodomy on the plaintiff based on fraud.

"This is because during the trial at the High Court, the plaintiff (Anwar) was found not guilty and was acquitted and discharged from the sodomy charge, but he was found guilty by the Court of Appeal and (then) the Federal Court.

"The claim that there was fraud during the trial had been mistaken by the plaintiff," said Nik Hasmat and ordered Anwar to pay costs of RM5,000 to the Government.

Senior federal counsel Awang Armadajaya Awang Mahmud appeared for the Government, while Anwar, who was in court Monday, was represented by lawyer N. Surendran.

The Government filed the application to strike out the suit on May 12 last year on grounds that it was an abuse of the court process and had no reasonable cause of action, apart from claiming that the lawsuit was against the constitution and was seditious.

Anwar, who filed the civil suit on April 17 and named the Government as the sole defendant, also sought an order for the decision by the Court of Appeal, dated March 7, 2014, and the Federal Court, on Feb 10, 2015, to be set aside due to the perjured testimony by his former aide, Mohd Saiful Bukhari Azlan, who was the key prosecution witness.

He said the Court of Appeal, in striking out the High Court's decision in acquitting and discharging him, convicted and sentenced him to five years' jail, and on Feb 10, 2015, the Federal Court dismissed his appeal and upheld the sodomy conviction and sentence against him.

Anwar also claimed the defendant (government) knew that Mohd Saiful lied when giving his testimony in court , but continued to rely on the false testimony.

It was because of the false testimony by Mohd Saiful that Anwar claimed the decision by the Court of Appeal, which was then upheld by the Federal Court, was null and void, and could be set aside under Section 44 of the Evidence Act 1950.

Apart from that, Anwar also sought a court order for his release from prison.

Anwar is serving a five-year jail term at Sungai Buloh Prison after he was found guilty of sodomising Mohd Saiful at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, here, between 3.10pm and 4.30pm on June 26, 2008.


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