The Kuala Lumpur Sessions Court today issued a gag order prohibiting the media from publishing details of attorney-general Abdul Gani Patail’s alleged involvement in tampering with evidence in Anwar Ibrahim’s trials 10 years ago.

Sessions judge SM Komathy Suppiah granted the order following an application by lead prosecutor Mohd Yusof Zainal Abiden after submissions by Anwar’s lawyer Sulaiman Abdullah.

lingam tape panel meeting 031007 abdul gani patail Sulaiman had earlier noted the alleged involvement of Abdul Gani (right) in the matter while submitting to object to a prosecution’s attempt to transfer Anwar’s sodomy case to the High Court.

The defence team is objecting to the prosecution’s certificate of transfer as it was signed by Abdul Gani, who is being investigated by the Anti-Corruption Agency following a police report filed by Anwar.

During his two-hour submission, Sulaiman has made startling revelations on Abdul Gani’s alleged involvement based on a court document by police personnel Mat Zain Ibrahim, who was involved in the investigation of Anwar’s ‘black eye’ incident in 1998.

In his court document, Mat Zain provided details of serious allegations of prosecutorial misconduct on the part of Abdul Gani in the case.

However, the details were disputed by Mohd Yusof, who said it should not be reported by the press until the evidence is ruled admissible by the court or it could tarnish the AG’s name.

“This country is not about the truth, it’s all about perception,” the prosecutor said to murmurs from the public gallery filled with dozens of PKR leaders and supporters.

Despite Sulaiman’s objection, justice Komathy later ordered that the relevant details should not be published in the press.

anwar sodomy 2 trial session court 100908 Anwar was seated outside the dock on a cushioned chair today. It is believed that he suffered back pain due to the long hours he had spent on the wooden bench in the dock yesterday.

Met later, Mohd Yusof defended the prosecution’s application for the court order against publication.

“This is not gag order (because) the law is (such) that until the court accepts (the evidence), it shouldn’t be published.

“If the court rules all this is okay (to be used as evidence later) then you can have it all (to be published). This is only strict observation of the rules,” he told Malaysiakini .

‘Anwar should be discharged’

Continuing his submissions earlier today, Sulaiman questioned Abdul Gani’s involvement in the latest sodomy case in view of his alleged ‘track record’ in the 1998 case.

sulaiman abdullah “Are we being hoodwinked from the start of the prosecution? Are we correct to surmise now that the AG had a hand in Anwar’s prosecution?

“Are we correct to surmise that the solicitor-general Idrus Harun (who was to lead the prosecution team in the current case) was merely a puppet or smokescreen (for the AG’s role)?”

He questioned whether the AG’s Chambers was “playing a game” with the court and the public.

Sulaiman then asked the judge to “exercise the rare power to say the whole prosecution is an abuse of process, tainted from the beginning and (the case) cannot continue”.

“Anwar should be discharged,” said the lawyer.

The proceedings were adjourned at lunch time to tomorrow morning for Sulaiman to continue his submission.

‘Attempts to conceal evidence’

Met outside the courtroom, Anwar criticised the prohibition order requested by the prosecution.

“I think it’s important that we don’t repeat the draconian measures by justice Augustine Paul in his gag order against the media 10 years ago. The media should be given the right to access and to report.

“(Mat Zain’s document) is a public document written by a very senior police officer in charge in investigating my injury (in the ‘black eye’ incident). He has defended his position and cited specific instances.

musa hassan deputy igp polis diraja malaysia “Let Abdul Gani or (inspector general-of-police, left) Musa Hassan reply. Why must Mohd Yusof try and conceal evidence? I am certainly disgusted over this attempt to continue conceal evidence and facts from the public. The public has the right to know.”

Anwar, who is Opposition Leader, continued to be tightlipped on his meeting with Pakatan Rakyat leaders yesterday evening on the progress of the opposition coalition’s plan to topple the Barisan Nasional-led federal government, as well as whether he will file a motion of no-confidence when Parliament resumes next Monday.

“On Monday I will act as opposition leader and comment on the major problem confronting this country [...] I don’t foresee any change before Monday,” he said when pressed on his next step.

He also said Pakatan leaders have not reached a decision on Umno stalwart Tengku Razaleigh Hamzah’s proposal to form a ‘unity government’ with Pakatan, should he win the Umno presidency next March.