Munawar to apply to Court of Appeal again

Pakistani-American writer Munawar A Anees will apply to the Court of Appeal to review its own ruling made last year to uphold his sodomy conviction allegedly involving sacked deputy premier Anwar Ibrahim.

At a 15-minute press conference at PKR headquarters this morning, the former speech writer for Anwar said: "I was advised to apply to the Court of Appeal to set right the injustice perpetrated against me for over a decade.

"Unfortunately, my latest request for a review at the Federal Court was dismissed last month (and) no grounds were handed down."

On Oct 30 last year, the High Court had dismissed his application to overturn the sodomy conviction handed down in September 1998. This was on the ground that Munawar, who had moved to the United States, was unable to attend the hearing.

The decision was later upheld by the Court of Appeal.

Contacted this afternoon, his lawyer Manjeet Singh Dhillon confirmed that the legal team would file an application to the appellate court to set aside its decision.

“This application has to be done under the Court of Appeal as the Federal Court has no jurisdiction on the appeal,” said Manjeet.

Last month, a Federal Court panel led by Chief Justice Zaki Azmi - who sat with judges Nik Hashim Nik Abdul Rahman and Zulkefli Ahmad Makinudin - had unanimously thrown out Munawar’s appeal to remit his case to the High Court.

Ten years ago, the Kuala Lumpur Sessions Court had sentenced Munawar to six months’ jail after he pleaded guilty to allowing Anwar to sodomise him at the latter’s house in Jalan Setia Murni, Bukit Damansara, in March 1993.

He was charged alongside Anwar’s adopted brother, Sukma Darmawan Sasmitaat Madja (right) , who also pleaded guilty to the same charge and was sentenced to six months’ jail.

However, in a statutory declaration issued 10 years ago, Munawar claimed that he had been forced to confess following brutal mental and physical torture by the Special Branch while under detention.

Munawar, now 60, served his sentence, but then filed the appeal in a bid to clear his name.

‘No negative views’

Looking relaxed during the press conference, Munawar fielded several questions from the local and international press on a range of issues, including whether he will attend the PKR congress this weekend.

Asked if he held negative views of the Malaysian judicial system, Munawar said: “I don’t think I have expressed any negative views on (this).

“I have made a statement of fact only, that I had been waiting for the last 10 years to be heard in the court. I have passed no value judgment on the Malaysian judicial system, please stand corrected.”

He was previously reported as saying that it was the judicial system that “needs to clear its name”, not himself.

“They (the judiciary) are the ones who are hiding behind this or that legal parlance. They are the ones in dire need of establishing their credibility as an institution of the society that is free from influence and corruption,” he had said in an email interview with Malaysiakini.

Asked if he expects to be given a chance to be heard in court now, he replied: “I don’t think we are here to talk about chances. This is not horse racing. I believe that the courts exist to dispense justice and I believe that ultimately it will be dispensed.”

He also said that the justice would have to be done, even in the event of his death.

“This may seem emotional to some, but my will to my children states that if this issue is not resolved after I am gone, they must continue to fight for justice.”

As to whether he has faith in the chief justice, he added: “It is not about having faith in people. The rule of law should be applied equally to everybody.”

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