Amendments to charges have no bearing, says prosecution
Lead prosecuting officer Abdul Gani Patail today submitted that the amendments made to the corruption charges preferred against former deputy premier Anwar Ibrahim have no bearing on the case.
"Whether the original or amended charges, the prosecution is required to show the abuse of position or public office to obtain the retractions from Azizan and Ummi Hafilda," Gani said, in the prosecution's first day of submissions in Anwar's appeal hearing.
Anwar was charged for corruption and sentenced to a six-year jail term by judge Augustine Paul last April. He was charged with abusing his powers and using the Special Branch officers to obtain retractions from former driver Azizan Abu Bakar and Ummi Hafilda.
Both Azizan and Anwar's former political secretary Azmin Ali's sister Ummi wrote letters to Prime Minister Mahathir Mohamad alleging that Anwar had sodomised Azizan. They later retracted their allegations and said the letters were written based on mere suspicion.
Anwar, currently serving a six-year jail term for corruption, hopes to overturn his conviction and sentence in the appeal hearing which started last Monday. The appeal is heard by Court of Appeal president Lamin Yunus, Ahmad Fairus and Mokhtar Sidin.
Last week, lead defence counsel Raja Aziz Addruse argued that the prosecution need not prove the allegations of sodomy and sexual misconduct because of the amended charges. He further argued that certain crucial evidence pertinent to the defence case was expunged due to the amendments, leaving the defence handicapped and prejudiced.
Gani argued that "the court has the inherent jurisdiction to expunge evidence" and said that Paul was careful to disallow any form of prejudice in his judgment against Anwar.
"He (Paul) was very concerned of the prejudicial effect on the accused. He was very careful to ensure no prejudice surfaced in his mind," Gani told the court.
The prosecution will continue their submissions tomorrow morning.
Anwar also stands trial with adopted brother Sukma Dermawan Sasmitaat Madja for a separate count of sodomy and sexual misconduct. Sukma is also charged with abetting and aiding Anwar to force sex on Azizan.
Anwar has repeatedly denied all charges and claims they were politically motivated and fabricated by Mahathir's aides to topple him from power.


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