The prosecution in former deputy premier Anwar Ibrahims controversial corruption trial was wrong to amend their charges, a three-member bench in the Federal Court heard on the second day of Anwars four-day appeal which began yesterday.
The amended charges made against Anwar during his trial changed the complexion of the case for the prosecution and it should not have been allowed as evidence prejudicial to him had already been admitted, said Anwars lead counsel Raja Aziz Addruse.
It was too late for them to amend their charges. If they had not amended the charges we would have been able to show that the allegations made against him were untrue, he said.
In the trial presided over by justice S Augustine Paul, the then attorney-general Mohtar Abdullah (now Federal Court judge) amended the charges in the 13th week of the hearing, changing the focus to abuse of power from sexual misconduct.
Anwars defence team had alleged that the move was done in bad faith.
The Federal Court panel chaired by Chief Justice Mohamed Dzaiddin Abdullah also heard from Raja Aziz that the Paul was wrong in expunging evidence crucial to their case.
It was very drastic action taken by the judge to expunge the evidence. Neither the defence nor the prosecution had asked for such an action, Raja Aziz said.
He also argued that Anwar being charged under the Emergency (Essential Powers) Ordinance 22 was an abuse of the process.
Ordinance 22 provides for charges of corruption but, according to Raja Aziz, the Dewan Rakyat had already annulled it in 1998 and was only awaiting the approval of the Dewan Negara to affirm the annulment.
Naturally the motion would be taken before Dewan Negara and they would affirm the annulment. When that happens the prosecutions case would not be valid, Raja Aziz said.
Anwar was again present at the trial today but showed visible signs of pain when attempting to walk or stand up.
Seven prison officials sat with him in the dock. His wife Dr Wan Azizah Wan Ismail was present together with his adopted brother Sukma Darmawan and DAP chairperson Lim Kit Siang.
Dignitaries from the embassies of America and German, as well as the high commissions of Australia, Canadia and Britain, were also present to observe the proceedings.
Later a 50-strong crowd gathered at the back of the Federal Court building, chanting reformasi when Anwar left for Sungai Buloh in a gold-coloured Pajero, followed by six prisons vehicles.
However, the crowd was told to move away from the entrance by police and the Light Strike Force troop.
Raja Aziz was also assisted by Sankara Nair, Christopher Fernando, Sulaiman Abdullah, Zainur Zakaria, Gurbachan Singh, Pawancheek Merican, Kamar Ainiah Kamaruzaman and Zulkifli Noordin.
Leading the prosecution, Attorney-General Abdul Gani Patail was assisted by Azahar Mohamad, Mohd Yusof Zainal Abiden, Tun Majid Hamzah, Nordin Hassan and Shamsul Sulaiman.
Justice Dzaiddin was assisted by Chief Judge of the High Courts of Sabah and Sarawak Steve Shim Lip Kiong and Federal Court judge Haidar Mohd Noor.
The hearing continues tomorrow at 9am.
Anwar is serving a six-year jail sentence in the Sungai Buloh prison after being found guilty of corruption in 1999.
He was also convicted of sodomy the same year and given a nine-year jail sentence by Kuala Lumpur High Court judge Arifin Jaka. A date is yet to be fixed for the appeal.
