AG's Chambers says no decision to appeal yet
The Attorney-General Chamber's Trial and Appeal division head Kamaluddin Md Said told Malaysiakini that a decision on whether or not to appeal Anwar Ibrahim's acquittal has yet to be made.
The Attorney-General Chamber's Trial and Appeal division head Kamaluddin Md Said told Malaysiakini today that a decision on whether or not to appeal Anwar Ibrahim's acquittal has yet to be made.
Kamaluddin confirmed that the division has received a report from the prosecuting team headed by solicitor-general II Mohd Yusof Zainal Abiden (
right
).
However, as the report has yet to be studied, a decision is still pending ,however, he pointed out, that there are still 14 days left from when the verdict was handed down for the appeal to be made.
"You see, they may have made a recommendation but we have to study the matter. If we file it would be before Jan 25," he said.
The division, specifically handles cases on appeal after a verdict in criminal trials has been delivered as upon it depends whether a notice of appeal is filed.
Today, outgoing solicitor-general II Mohd Yusof Zainal Abiden had also confirmed with Malaysiakini that his team has submitted its report to the Trial and Appeal division yesterday, recommending filing an appeal against Anwar's acquittal.
"We feel that we are "comfortable with the evidence" adduced (to ensure a conviction). Hence, I am recommending an appeal be made," he said.
"It would be up to the Attorney-General (Abdul Gani Patail) to decide, and if he cannot it is up to solicitor-general I Idrus Harun," Yusof told Malaysiakini .
Abdul Gani cannot be involved in anything pertaining to Anwar following allegations that he was involved with former Inspector-General of Police Musa Hassan in allegedly fabricating evidence.
Which is why he was not seen having any role during the sodomy II hearings,
Yusof is scheduled to retire on Feb 1.
No written grounds yet
Last night TV3's Buletin Utama quoted Yusof as recommending an appeal.
On Monday Justice Mohamad Zabidin Mohd Diah, in acquitting Anwar ruled that it was unsafe for the court to accept the DNA evidence with the possibility of tampering of evidence hanging over it.
In his ruling, Justice Zabidin said that with no corroboration of the DNA evidence, the court was reluctant to convict Anwar.
Yesterday the complainant's father Azlan Md Lazim had urged the Attorney General to file an appeal for the sake of his son and family's dignity.
No full written grounds for the judgment had been provided. Under normal practice where the notice of appeal has to be filed within 14 days, the judge would have to provide the full grounds for the decision as explained by several lawyers to Malaysiakini on Tuesday.
The grounds of judgment have to be included in the record of appeal before its heard.
Malaysia practises a two-tiered judicial appeal system. Cases that originate in the lower courts (magistrates and sessions) will end at the Court of Appeal, while cases originating from the High Court will go to the Court of Appeal and then Federal Court, the final arbiter.
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