Right historic wrongs done to Anwar: UK Bar
The United Kingdom Bar's human rights committee, in expressing concern over the "extraordinary irregularities which flawed (Anwar Ibrahim's) trial", said they hoped the Malaysian judiciary would now finally feel able under the new government, to "right historic wrongs done to Anwar" and return to judicial independence.
The United Kingdom Bar's human rights committee, in expressing concern over the "extraordinary irregularities which flawed (Anwar Ibrahim's) trial", said they hoped the Malaysian judiciary would now finally feel able under the new government, to "right historic wrongs done to Anwar" and return to judicial independence.
The committee, which represents the Bar of England and Wales, said in a open letter to the Malaysian government that it will be observing the current Federal Court appeal of Anwar "with great interest".
"The trials of Anwar Ibrahim gave every impression of being politically motivated," said the committee's chairperson Peter Carter in the letter addressed to Malaysia's High Commissioner in Britain.
"Anwar's sodomy trial - which ended in a conviction and nine-year sentence against which the pending appeal is brought - was marked by a sequence of events which no impartial observer could view with equanimity," he said.
On Monday, the Federal Court, the country's highest, began hearing the jailed ex-deputy premier's final appeal against a sodomy conviction.
His appeal before the three-man Federal Court bench continues on Wednesday. If he fails, he will remain in prison until at least 2009.
Carter pointed out that 'extraordinary irregularities' during the trial aside, the sentence passed on the sodomy charge was not only 'extremely high', but an 'unprecedented order' was made for the sentence to start on conviction - depriving Anwar the benefit of time spent in custody while awaiting trial.
Threats, coercion
"Subsequently, the Court of Appeal's refusal in January 2004 to reopen its decision - despite the fact that it was made on a clearly mistaken view of the relevant facts - did nothing to repair the court's reputation," he said.
The "impression of political vengeance" was compounded by the denial of bail by the Court of Appeal, he added.
The trial's central unfairness, said Carter, concerned the defence being deprived the right to give new alibi evidence, despite amendments made by the prosecution to the original charges.
Also cause for concern was the trial judge's refusal to disqualify himself when evidence revealed that he held shares in a company in which the prime minister's son was the major shareholder, and his summary rejection of an application for a witness summons against the prime minister, said Carter.
The court's failure to require corroborative evidence - in a case where there was no satisfactory explanation for the six-year gap between the alleged offence and the charges being brought - was also significant, he said.
"The evidence that senior office holders in Malaysia's criminal justice system had used threats and coercion in attempts to obtain fabricated evidence against Anwar Ibrahim was not treated with the gravity it deserved, " Carter added.
While under police custody, Anwar was assaulted by then-Inspector General of Police Abdul Rahim Noor. The former police chief was later found guilty of the offence and handed a two-month jail sentence and a RM 2,000 fine.


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