Opposition leader Anwar Ibrahim has filed an application for a review of the Syariah Court of Appeal’s decision in saying leave (permission) was not needed to hear an application by Minister Jamil Khir Baharom and two others to set aside his (Anwar’s) appeal over his qazaf (bearing false witness) application.

Anwar, 63, filed the application at the Syariah Court of Appeal registry this morning.

The Syariah Court of Appeal had on Jan 30 decided leave was not needed to hear the minister’s application and wanted to proceed to hear the merits of their application.

This led to Anwar’s lawyers staging a walkout as they claimed it was against legal procedures.

Accompanying Anwar during the filing was his wife Dr Wan Azizah Wan Ismail and his lawyers Kamar Ainiah Kamaruzaman and Rafie Mohd Shafie.

Anwar, in his application, wants a new panel to hear this application, and also to set aside the earlier Syariah Court of Appeal decision

Anwar: Why qazaf application not heard?

The opposition leader, after signing the necessary documents, asked why there was such a delay in hearing the qazaf application as it had already been three years.

“Initially, they said to wait after the criminal case and now that it has been disposed off, the matter has still not been heard,” he said.

He claimed there had been political intervention in hearing the application.

“What is the delay in hearing this application? What is the political directive made to delay its hearing? It is a matter of principle, why has the matter not been adjudicated after three years?” Anwar asked.

NONE “It is contrary to the spirit of law, justice and syariah that the minister had instructed that this matter be delayed and the criminal matter be heard first. This case also involves the improper use of tithe money, and why has there been no ruling or comment made by the Syariah court in this?”

The case, he said involves a decision by Jamil Khir to use the tithe funds, which saw lawyer Zainul Rijal Abu Bakar ( left ) being appointed to the Federal Territory Islamic Affairs Council (MAIWP).

Zainul represented Jamil Khir, FT chief prosecuting officer Shamsuddin Hussain and FT Islamic Department director Che Mat Che Ali, and the Kuala Lumpur Syariah Court had in April struck out Anwar’s qazaf application.

Soon after the decision, Zainul Rijal was appointed a councillor in the FT Islamic Affairs Council, in July.

Anwar wants ruling on Zainul Rijal

Although Zainul Rijal withdrew on Jan 30 from participating further in Anwar’s qazaf application, Anwar wants a ruling on his application in August to bar the lawyer from representing the council or practising in the Federal Territory as he is an FT Islamic Affairs Council member.

In his affidavit in reply to Zainul Rijal’s affidavit to set aside his (Anwar’s) application to remove the lawyer, the opposition leader said the the lawyer was not professional, insincere and acted mala fide in upholding justice.

“The respondent had not maintain his professional independence as there exists a conflict of interests in the administration of justice since he represented the council and was also a practising lawyer.

“Zainul Rijal had uttered some detrimental statements against me over my sodomy case, when he represented the council and was my opposing lawyer in the Syariah High Court and Syariah Court of Appeal application. I would like to emphasise the respondent’s (Zainul Rijal) action has affected my credibility and my lawyers’ credibility, and resulted in slander on me,” he said.

“I would also like to point out that as he has been appointed a MAIWP councillor, this had resulted in various aspersions as Jamil Khir is MAIWP chairperson, its secretary is Che Mat and now he is a councillor. Both Jamil Khir and Che Mat were Zainul Rijal’s clients when he represented them in my case.”

Anwar claims the council has a very important role in appointing or advising the Yang di Pertuan Agong to appoint the Syariah Court chief judge, the Syariah Court of Appeal judges and the Syariah High Court judges.

“Zainul Rijal’s presence and place in the council could influence the minister and/or the council on the appointment of judges. Hence, there is a conflict of interest as he is a MAIWP councillor and a Syarie lawyer actively involved in cases in the Federal Territory.

“Hence, I apply that Zainul Rijal’s application to set aside my application to bar him from any proceeding against me be struck out,” he said.

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