http://www.themalaysianinsider.com/index.php/malaysia/31182-anwar-suffers-
setback-ahead-of-sodomy-trial-

Anwar suffers setback ahead of sodomy trial
By Debra Chong and Edward Cheah UPDATED

PUTRAJAYA, July 2 - Datuk Seri Anwar Ibrahim, already facing a political
crisis as his Pakatan Rakyat (PR) partners continue a very public argument,
failed in his bid today to shift his Sodomy II trial back to the sessions
court.

He will face what he has claimed is a politically-motivated sodomy charge,
his second in 10 years, in the High Court instead. Barring any further
challenges, the trial is set to start next week.

"I am very disgusted with the decision by the Court of Appeal. Listening to
the grounds, I am perturbed that the assurance given by the former prime
minister Tun Abdullah Badawi that the AG would not be involved does not mean
anything," Anwar told reporters here in an immediate reaction.

The Opposition Leader, who sat in the front row of the public gallery inside
the courtroom, seemed rather agitated while Justice Datuk Abdull Hamid
Embong read out the judgment on behalf of his brother judges.

He repeatedly shook his head and muttered "No, no, no!" in a low voice when
Justice Abdull Hamid stressed there was no proof or any doubt that Anwar
would not get a fair trial in the High Court.

The former deputy prime minister twisted his lips in a bitter smile when the
bespectacled judge remarked that the judgment would likely be unpopular and
"would attract critics, commentators and detractors."

"For sure, for sure," Anwar said, nodding his head emphatically

The Court of Appeal today dismissed Anwar's appeal against a Kuala Lumpur
High Court decision to hold the sodomy trial there instead of at the
Sessions Court.

The three judges unanimously upheld the High Court decision, centred on the
controversial certificate of transfer signed by the Attorney-General (AG)
Tan Sri Abdul Gani Patail, to be valid.

Anwar had challenged the certificate, a routine procedure to transfer the
case to the High Court, in what was an obvious attempt to highlight his
accusations against Abdul Gani and the Inspector-General of Police Tan Sri
Musa Hassan for allegedly fabricating evidence against him in his black-eye
beating case 11 years ago.

In their grounds, the Court of Appeal noted that the Sessions Court had
acted beyond its powers last November when it rejected the certificate
signed by Abdul Gani simply because of a promise made privately by the prime
minister to Anwar's wife and daughter.

"In our view, the PM is not the competent authority on matters concerning
criminal prosecutions in our country," Justice Abdull Hamid said.

The judges pointed out that the only person in any position to make such
promises is the AG himself, as laid down in Article 145(3) and (3A) of the
Federal Constitution (FC).

"No member of the executive, not even the PM can interfere or fetter with
this independent power of the PP in respect of prosecutions.

"The PP who double-roles as the AG may be administratively answerable to the
PM but certainly not in the area of prosecution which the FC and indeed the
public demands that he exercises independent of any external interference or
barriers," the judge stressed.

They agreed with the public prosecutor's arguments that Abdul Gani was only
doing his "administrative" duty as laid out in the Federal Constitution and
not out of bias against Anwar.

The judges noted that the law under Section 418A gives the AG as the Public
Prosecutor (PP) the power to transfer any case to any court of his choice
without having to give any reason at all.

"This power is personal to the PP and only he may exercise it," Justice
Abdull Hamid explained.

"When faced with such a certificate, the subordinate court has no choice but
to dutifully comply," he added.

Asked afterwards if he thought he would get a fair trial, Anwar said: "It
remains to be seen. I would be completely naïve to imagine that nothing will
be done, no conspiracy, no harassment, no fabrication in this case."

Tomorrow, the High Court in Kuala Lumpur will hear Anwar's bid to get
evidence he claims the prosecutors are withholding from him.

Anwar's lawyer Sankara Nair told reporters such moves like blocking access
to information suggest the federal lawmaker is already a victim of
interference.

"If we are going to start process of trial on that basis alone, then how can
we be assured that my client will receive a fair trial?" Sankara questioned.
____

http://www.straitstimes.com/Breaking%2BNews/SE%2BAsia/Story/STIStory
_398192.html

Anwar loses appeal
July 2, 2009

KUALA LUMPUR - MALAYSIAN opposition leader Anwar Ibrahim has lost a final
bid to have his sodomy trial held in a lower court, ending a long wrangle
over where the case should be heard, his lawyer said on Thursday.

The Court of Appeal rejected the application and affirmed an earlier
decision that the politically charged case should be heard in the High
Court. The trial is due to start July 8.

Amid widespread doubts over the standards of Malaysia's judiciary, Mr
Anwar's supporters have said they fear authorities will be able to
manipulate the case more easily in the High Court.

'The decision is not appealable. I am most disappointed with the decision
today,' his lawyer Sankara Nair told AFP.

Mr Anwar, 61, has repeatedly rejected sodomy allegations levelled by a
23-year-old former aide - the same charge that saw him jailed a decade ago -
as a government conspiracy to derail his plan to topple the ruling
coalition.

Sodomy, even between consenting adults, is illegal in predominantly Muslim
Malaysia and carries a penalty of 20 years' imprisonment.

Mr Anwar is campaigning to unseat the Barisan Nasional coalition which has
ruled Malaysia since 1957, after the opposition deprived the government of
its two-thirds majority in an unprecedented performance in the 2008
elections.

The opposition leader is currently out on bail pending his trial but his
supporters have expressed fears that it might be revoked during the hearing.

In a recent interview with AFP, Mr Anwar voiced concern that false evidence
could be introduced in a bid to jail him and end his political career. The
former deputy prime minister said however that the opposition alliance he
leads would survive even if he is convicted and jailed.

Mr Anwar was found guilty of separate sodomy and corruption charges a decade
ago in a case widely seen as politically motivated. In 2004 the sodomy
conviction was overturned, allowing him to go free after six years in
jail. -- AFP
____

http://www.themalaysianinsider.com/index.php/malaysia/31225-anwar-decision
-not-a-surprise-

Anwar: Decision not a surprise
By Edward Cheah

PUTRAJAYA, July 2 - After losing his appeal to move his Sodomy II trial back
to the Sessions Court Datuk Seri Anwar Ibrahim said that although he was
disappointed he expected the decision by the Court of Appeal.

"Of course I am very disgusted at the decision by the court. I'm not
surprised however because we have said repeatedly said that the judiciary
needs to improve its stature as an independent impartial body. From
listening to the grounds of judgement I am perturbed," said Anwar.

The crowded courtroom remained silent as Justice Datuk Abdull Hamid Embung
who headed the three-man bench read out the Federal Court's decision.

The Opposition Leader who was seated next to his wife could be seen shaking
his head and muttering words of frustration as the judge read out the
grounds of judgment.

Some of Anwar's supporters who filled the courtroom appeared angry with the
decision but most remained calm.

"Kangaroo Court," one supporter was heard muttering.

Anwar's wife Datin Seri Wan Azizah Ismail seemed disappointed and somber as
she left the court quietly as reporters and photographers swarmed her
husband.

Speaking to reporters outside the courtroom Anwar's lawyer Sankara Nair, who
also represented Anwar in his 1999 trial, said he hoped this would not be a
repeat of his first trial.

"I hope this decision is not a trend that was set last time, where I was
defending him, where we lost at every level, every court. Except the one
very, very qualified acquittal," said Sankara.
____

'Opposition will survive' - Anwar
http://www.straitstimes.com/Breaking%2BNews/SE%2BAsia/Story/
STIStory_397661.html
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