Former deputy premier Anwar Ibrahim used the police to intimidate two individuals to retract their allegations of his sexual misconduct in an attempt to protect himself, the Federal Court was told today.

He went to great lengths to ensure that this matter did not come up to the public and to cover up the allegations, said senior federal counsel Azahar Mohamed.

If the investigation was made known to the public, it would have triggered public outcry and caused deep embarrassment to Anwar who was then the deputy premier and finance minister, Azahar added.

Anwar was also the then chairperson of the Cabinet Committee on Government Management which was set up to ensure that the government is free from abuse of power and corruption.

He is now appealing before a three-member panel against a six-year corruption conviction imposed on April 14, 1999 for the crime of using the police to force retractions from Ummi Hafilda Ali and Azizan Abu Bakar who had accused him of sexual misconduct.

Ummi is the sister of Anwars former secretary Azmin Ali while Azizan is the former driver of Anwars wife.

These are very serious allegations [of sexual misconduct] that go to the root of ones character and morality which if made known to the public would cause severe embarrassment to the accused.

According to former special branch chief Mohd Said Awang, initially Anwar did not want to make a police report. He did not want the case to got to court and he did not want any publicity to be given to the matter, Azahar added.

Anwars lawyers at the onset of the appeal however maintained that he had never asked the police to intimidate the duo as he did not have any authority over the police.

Fabricating evidence not relevant

During the initial stages of the corruption trial at the Kuala Lumpur High Court in 1998, the defence also accused the prosecution team headed by then attorney-general Mohtar Abdullah of fabricating evidence and coercing Anwars former tennis partner S Nallakaruppan into making accusations against him.

After Azahar completed his submission, his colleague Mohd Yusof Zainal Abiden continued by saying that the allegations of the prosecution team fabricating evidence was not pertinent to the present appeal.

On the assumption that the prosecutors did indeed try to fabricate evidence it would not be relevant for the purpose of the trial.

It has no effect on the prosecution case. That is a totally different case involving a different evidence of fact than the one before the court. That fact is not closely connected with the fact in issue in the present appeal, Yusof said.

He also attacked the defence teams allegations that Justice S Augustine Paul, who heard the trial at the High Court, was biased in not allowing them to adduce evidence.

He stated, instead, that it lay in the judges discretion.

This would mean that from the onset the judge can exercise his discretion under Section 136 of the Evidence Act and if he is not satisfied with the relevancy of evidence the party proposes to give, he may prohibit a possible witness from being called.

More so if it is tantamount to an abuse of the process, Yusof said.

Tight security

Anwar appeared in court today in a wheelchair and a neck brace. Supporters in the packed court room stood up upon his entry and greeted him.

Those present at the trial today were Anwars wife and Keadilan president Dr Wan Azizah Wan Ismail, daughter Nurul Izzah, Keadilan deputy Youth chief Saifuddin Nasution Ismail as well as Anwars adopted brother Sukma Dermawan.

The police maintained tight security throughout the hearing.

The three-member panel consists of Chief Justice Mohamed Dzaiddin Abdullah, Chief Judge of the High Courts of Sabah and Sarawak Steve Shim Lip Kiong and Federal Court judge Haidar Mohd Noor.

The prosecution is led by Attorney-General Abdul Gani Patail who is assisted by Azahar, Yusof, Tun Majid Hamzah, Nordin Hassan and Shamsul Sulaiman.

The defence team consists of Sulaiman Abdullah, Raja Aziz Addrusse, Sankara Nair, Christopher Fernando, Sulaiman Abdullah, Zainur Zakaria, Gurbachan Singh, Pawancheek Merican, Kamar Ainiah Kamaruzaman and Zulkifli Noordin.

The hearing continues on Monday. Anwar is also facing a nine-year jail sentence for sodomy.