Judgment for Anwars appeal to be decided another day

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The Federal Court today reserved its judgment on the appeal by former deputy premier Anwar Ibrahim against his conviction and six-year jail sentencing on charges of corrupt practices.

Chief Justice Mohamed Dzaiddin Abdullah, who is heading a three-member panel to hear the appeal, said the panel required more time to deliberate on matters raised by Anwars lawyers and the prosecution team.

As such, we reserve our judgment to a date to be fixed later, said Dzaiddin.

The appeal, which went on for eight days after being adjourned on several occasions, is the last legal avenue available to Anwar to vindicate himself.

Anwar was found guilty and subsequently sentenced by Kuala Lumpur High Court judge S Augustine Paul on April 14, 1999. This was followed by a nine-year sentence for sodomy in a separate trial a year later.

Later Anwars counsel Sankara Nair told malaysiakini it was difficult to gauge how long it would take the judges to deliver a judgment.

The rules state that judges are usually given eight weeks to give a judgment after the end of the appeal but judges are known to take longer.

It all depends on many factors, such as the complexity of the case as well as the length of the trial. I really cannot say for sure, Sankara said.

Confident Anwar

Meanwhile, the normally off-limits Anwar was approached by reporters despite the presence of security personnel from the Prisons Department who looked on uncertainly as journalists were usually shooed away.

A smiling Anwar said he was confident of the outcome of the trial.

Based on the facts of the law I am confident, he said, adding that he was in good spirits despite being on painkillers for his back ache, which has confined him to a wheelchair for most part of the trial.

After the hearing today was over, about 20 supporters of Anwar who were in the court room mobbed him. He spoke again to his lawyers before being whisked away by 10 security personnel to a Pajero waiting to take him back to the Sungai Buloh prison.

Also present to lend support were DAP national deputy chairperson Karpal Singh, PAS vice-president Abdul Hadi Awang and Anwars adopted brother Sukma Darmawan.

Unfair trial

Earlier in the trial today Anwars lead counsel Raja Aziz Addrusse wrapped up his submission by saying that the prosecution team did not have cogent evidence to support his conviction and that he had been treated unfairly.

The appellant did not have a fair trial because he was prevented from calling material witnesses and introducing evidence to show that the prosecution was instituted as a result of police and political conspiracy, Raja Aziz said.

He added that the judge had shown himself to be unfair by imposing an excessive sentence on Anwar and initiating a contempt proceeding against another of Anwars lawyers, Zainur Zakaria.

The former deputy premier had spent a total of seven months in jail even before he was sentenced to six years imprisonment on April 14, 1999.

Also during the trial before Justice Paul, Zainur was cited for contempt of court for submitting a motion, backed by evidence, charging that prosecutors sought to fabricate testimony by coercing Anwars former tennis partner S Nallakarupan to testify against him.

Anwars defence team has alleged throughout the High Court trial that the allegations of sexual misconduct and abuse of power were cooked up by a political conspiracy seeking to destroy him.

Contaminated prosecution

Another of Anwars lawyers, Christopher Fernando also expanded on the issue of the prosecution fabricating evidence, stating that their actions had affected their credibility and damaged Anwars chances for justice.

A fair prosecution is the prerequisite to a fair trial but in this case two prosecutors who had a dominant role in the trial attempted to procure fabricated evidence, therefore, their partiality and credibility have become an issue, said Fernando.

He was referring to then senior deputy public prosecutor Abdul Gani Patail who has been promoted to attorney-general this year, and senior deputy public prosecutor Azahar Mohamad.

This entire case of the prosecution has become contaminated, Fernando insisted.

The lead prosecutor during Anwars 1998 trial was Mohtar Abdullah who now serves as a Federal Court judge.

Besides Raja Aziz, Sankara and Zainur, Anwar is represented by Christopher Fernando, Sulaiman Abdullah, Gurbachan Singh, Pawancheek Merican, Kamar Ainiah Kamaruzaman and Zulkifli Noordin.

Gani leads the prosecution team with the assistance of Azahar, Mohd Yusof Zainal Abiden, Tun Majid Hamzah, Nordin Hassan and Shamsul Sulaiman.

Judges on the three-member Federal Court panel are 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.



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