Justice For All Malaysia

At the Sessions Court No 1 today (Updated with audio statement by Anwar)

Posted on: September 10, 2008

When the case was read out to him again, Anwar replied boldly,”Tidak bersalah, Yang Arif! Ini khianat …fitnah…jahat…melibatkan ramai orang, (Yang Arif)!”.

The session went on for only about half an hour with the judge postponing the case to a new date 24th September 2008 for lack of procedural matter by the prosecution as applied by the defense team led by

Hj Sulaiman Abdullah.

Reps from the British and American Embassy being asked to record their names and IDs, as did the rest of us, before entering the court.




Anwar coming out of the courtroom, meeting the press outside.


Anwar’s press statement after the court session; please click below:

AUDIO ANWAR’S PRESS STATEMENT

Others who came to the court:

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The people outside the court building shouted Reformasi! when they finally saw Anwar.

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Lawyer argues against transfer of sodomy case
Beh Lih Yi | Sep 10, 08 4:30pm Malaysiakini.com

Opposition leader Anwar Ibrahim’s legal team has objected to the prosecution’s move to transfer his sodomy case from the Sessions Court to the High Court.
MCPX

Anwar’s case, which was fixed for mention today, was adjourned to Sept 24 following a dispute over a certificate to transfer the case signed by attorney-general Abdul Gani Patail.

The court will hear arguments from both parties on the validity of the certificate.

puravalen pc on missing pi balasubramaniam 180708 haji sulaimanBefore the 30-minute proceedings ended this morning, Anwar’s lead counsel Sulaiman (right) told the court that his team would oppose to the transfer of the case.

He said the current Sessions Court has everything that it requires to continue hearing the case, and stressed that Judge SM Komathy Suppiah has competence to hear the matter.

“We see absolutely no need for the transfer,” said the senior lawyer.

Hearing this, Komathy smiled and replied: “I have been serving for 26 years.”

Anwar claimed trial on Aug 7 to a charge of allegedly sodomising his former aide, 23-year-old Mohd Saiful Bukhari Azlan. He could face a 20-year jail term if found guilty. He is out on a RM20,000 personal bond.

the charge against anwar ibrahim sodomy allegation trial 070808At the onset of the proceedings, Anwar – who wore a black suit and was seated in the dock – denied the charge again when it was read out to him.

“I am not guilty. This is an act of treachery and slander in which a lot of people are involved,” he told the court.

Sulaiman voiced displeasure over the prosecution’s delay in informing his nine-member defence team of their intentions. He said it is a norm among counsel to provide such information, as a professional courtesy.

He said the prosecution had been indecisive up till yesterday afternoon as to whether it would apply for the transfer of the case to the High Court. This, he said, left the defence team with no time to prepare its arguments.

Sulaiman added that he had only obtained the prosecution’s confirmation about transferring the case 10 minutes before the proceedings started today.

‘Political persecution’

Responding, the prosecution led by AG’s Chambers prosecution head Mohd Yusof Zainal Abiden said the certificate was only signed yesterday evening, after the prosecution had “mulled over this for some time”.

“It is not our intention to deprive the defence of anything, we will try our best to ensure a smooth trial,” he said, also pointing out that the prosecution had indicated on Aug 7 – when Anwar was charged – that they might ask for a transfer.

Sulaiman rebutted: “This is just like a young lady who says ‘I may marry you’. The prosecution is saying ‘we may transfer the case’ […] We will hold them (the prosecution) to the highest prosecutorial standard and courtesy among counsel.”

anwar sodomy 2 trial session court 100908 transfer paperThe one-page certificate did not state why the prosecution was asking for a transfer, but Yusof explained later that it is because the case is high-profile in nature.

“It because of the person (Anwar), the local and international interest,” he told reporters.

Sulaiman rebutted the reason.

“Is he (Yusof) saying that this judge is not qualified to decide a high-profile case of international interest? She (Komathy) can speak English,” he told reporters.

“It is not the case that only High Court judges can speak English so that the international press can understand. This judge is more than capable.”

Sulaiman also stressed that the hearing of sodomy cases usually starts at the Sessions Court.

“How can the identity of the accused be sufficient to justify a transfer to the High Court? This is selective justice,” he added.

Anwar also criticised the prosecution’s eleventh-hour decision to transfer the case.

“Apparently it’s a trial by ambush. The prosecution team has no interest to proceed except for waiting for instructions from their political masters,” he told reporters outside the courtroom.

He appealed to the prosecution to handle the case with a clear conscience, especially in the holy month of Ramadan for Muslims, and not to resort to “political persecution”.

Anwar’s case put off to Sept 24     Malaysiakini.com
Beh Lih Yi & Andrew Ong | Sep 10, 08 8:25am
Anwar Ibrahim’s sodomy case was today adjourned to Sept 24 following a dispute over a certificate signed by Attorney-General Abdul Gani Patail to transfer the case to the Kuala Lumpur High Court.

MCPX

When the case was called up this morning at 9.58am before Sessions judge SM Komathy Suppiah, the prosecution submitted the certificate for the case to be transferred to the high court.

anwar sodomy 2 trial session court 100908 transfer paperHowever, Anwar’s lead counsel Sulaiman Abdullah disputed the certificate (see photo) as it was signed by Abdul Gani.

Sulaiman contended that Abdul Gani should not be involved in the case as he was a party to a complaint lodged by Anwar for having allegedly tampering with evidence in 1998.

“We have been categorically informed that the attorney-general plays absolutely no part in this prosecution,” said Sulaiman, adding that this was based on a media statement made by Prime Minister Abdullah Ahmad Badawi.

“So far we haven’t read any statement from the AG’s Chambers to correct the prime minister on that (decision),” the lawyer told the court, which was packed with PKR leaders and supporters, as well as Anwar and his family.

The premier had said that Abdul Gani and Inspector-General of Police Musa Hassan would not be directly involved in Anwar’s sodomy case following Anwar’s police report against the duo for tampering with evidence in his court cases 10 years ago.

sulaiman abdullahSulaiman argued that the signing of the letter showed the AG was involved in the prosecution.

“In order to sign the certificate, he needs to apply his mind on the circumstances of the case and consider them; he is not a chief clerk just to sign (documents),” the veteran lawyer said to the laughter from court.

Legal procedures cited

The six-member prosecution team, led by the AG’s Chambers prosecution head Mohd Yusof Zainal Abiden countered that the certificate, however, could only be signed by the AG under the laws.

the charge against anwar ibrahim sodomy allegation trial 070808Sulaiman had also earlier pointed out that, under Section 418A of the Criminal Procedure Code and Article 145 of the Federal Constitution, such power could only be exercised by Abdul Gani.

At this juncture, Justice Komathy suggested a two week-adjournment to allow both parties time to research on the matter and to submit arguments, to which Sulaiman agreed.

Komathy then quipped, telling Yusof: “I have read many law reports in which the high court and court of appeal judges have paid tribute to you as a very fair deputy public prosecutor (DPP), so I trust you will not have objection to this postponement.”

Yusof however objected to the timeframe, to much annoyance of a visibly upset Sulaiman.

Sulaiman (in a raised voice): That’s why I keep on telling him (Yusof) to tell us in advance whether the case will be transferred. Don’t catch me by surprise.

Yusof: Two weeks is too long. This is a public interest case.

Judge: If you say this is a public interest case, then all parties need to be given sufficient time (to study the matter). I am going to grant the two-week adjournment. All the judges have said you are a fair DPP.

The judge then teased Yusof as to whether he was merely raising the objection “for record purposes”.

She later fixed Sept 24 to hear arguments from both parties over the validity of the certificate signed by Abdul Gani.

Bail issue not raised in court

Anwar had arrived at the Jalan Duta court complex with his wife, Dr Wan Azizah Wan Ismail, at 9.30am and were greeted by about 100 opposition supporters.

They were accompanied by two of their daughters, Nurul Izzah and Nurul Nuha, as well as lawyer Sankara Nair.

Anwar and Wan Azizah, who were surrounded by a large group of journalists and photographers, slowly made their way into the courtroom, where the hearing was due to begin at 10am.

The police had heightened security around the court complex, with at least five Federal Reserve Unit trucks seen on standby.

Journalists were asked to register at three places before being allowed into the courtroom. The police also used a metal detector to check those entering the courtroom.

Anwar had claimed trial on Aug 7 when charged with sodomising his former aide, 23-year-old Mohd Saiful Bukhari Azlan.

If convicted, he could face a 20-year jail term if found guilty. He is currently out on a RM20,000 personal bond.

His supporters had feared that his bail could be revoked today, resulting in Anwar being sent to prison while awaiting his trial – a process that could take months. However, the issue was not raised in court today.

Anwar, recently elected the Permatang Pauh MP, has claimed he is on track to take over the federal government on Tuesday, with the aid of several defections from Barisan Nasional to his Pakatan Rakyat coalition.

Yesterday, though, he said the deadline may be deferred, given that BN had sent more than 40 backbenchers to Taiwan for an agricultural study-tour.

3 Responses to "At the Sessions Court No 1 today (Updated with audio statement by Anwar)"

The conduct and language of counsel appears to give one the impression that these chaps were admitted to the Pasar Malam Bar and not the High Court of Malaysia (I hope).

Sulaiman in referring to the prosecutor as ‘Him’ instead of ‘my learned friend or my friend the prosecutor appears to have little in the form of court etiquette or mutual respect which he appears to crave and wants to in his own words ” hold them (the prosecution) to the highest prosecutorial standard and courtesy among counsel.”

Unfortunately his definition of courtesy appears to defy the universal definition of the word.

it is disturbing that representatives of the UK and the US should have made their presence in court felt. it is interference by implicaiton of their conduct, in the internal affairs of a sovereign country and Malaysia is duty bound to protest their presence at government level whilst barring them from any future entry to the courts during the proceedings.

Suleiman’s arguments and the honourable judge’s remarks is evidence of why the number of years one spends in the job is not necessarily proof of their competence. In this case it is clearly a case of an erosion of standards at the bench.

Gopal Raj Kumar

Dear Gopal Raj Kumar, there were other big issues at stake…

and anyone can enter the courts…its normal…

Dear Gopal, by your own manifest, you better stay put and may God bless you!

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Must Attend Program

Please go to this link: https://justice4allkuantan.wordpress.com/2008/10/25/invitation-public-forum-the-isa-and-the-police-reform-process-whats-next-after-pak-lah/
To sin by silence when we should protest makes cowards of people - Emily Cox

Siphoning EPF money

On 'Why should Valuecap borrow from EPF?' Syed Shahir Syed Mohamud: MTUC condemns the government's move to bail out Valuecap to support the local stock market using RM5 billion from EPF, as the provident fund is the custodian of the workers' money and not some sort of ‘automated teller machine' for the government.
If at all the EPF were to lend its money to the government, it has to be under the condition that there be transparency and accountability in the activities for which the money has been purposed. We want to know who is doing what with the money that belongs to the workers. This is the hard-earned money of the workers, their retirement plan. How is this bailout plan going to benefit the workers? We also question the reason for this bailout. If the economic fundamentals in Malaysia are strong and reserves sufficient as has been stated several times by the government, then why is there a need to offer so much money to the GLCs? Second Finance Minister Nor Mohamed Yakcop should prove how the EPF would profit from this loan. Bernama had reported that Nor had given the assurance that the loan given out by EPF would reap profits for the fund judging from Valuecap's past performance. But where is the paperwork and calculations to show that this move will benefit the EPF? MTUC is concerned that the loan might be mismanaged or misused and this, in turn, would affect the returns for the contributors. Mere assurances are not enough. We want to proof that this RM5 billion will not go down the drain. (The writer is president, MTUC). Sharyn: The government wants to use our pension money to prop up the Malaysian stock market which is the playing field of the rich people. If so, the government must ensure that the EPF account holders - who are predominantly the poor to average citizens of Malaysia - be guaranteed all of our pension money with a compound 8% growth (interest). It's so selfish and sick of the government to use the poor's pension money to help the rich to make more money with all the risks taken by the poor/average citizen. We can better use the RM% billion loans to Valuecap for our children's education, shelter, medical bills etc. Why not get those rich people to prop up the share market instead? Why should they park their money overseas and gamble with our EPF money instead? Kumar14: Who is behind this Valuecap organisation? Why suddenly, this separate entity is allowed to access funds from the EPF? Are they capable enough to handle it or is it just another desperate and blind move? It has been a very infamous trend where the people's funds are channeled to a company for investment purposes and suddenly POP! the funds disappear and there is nobody to be held responsible but a RM2 shell company. Charge who? Sue whom? The RM2 company (just a registered name)? We have seen this many times. People in power and with connections allow such things to go through and reap/rob the people's wealth and then blame it on organisations which actually don't exist. What if a lot of EPF funds are looted via such scams and nobody is to be pointed at? Where will the government get the funds to replenish the EPF? The people are very bored, disappointed, angry and frustrated at seeing all these dumb and unaccounted for measures being allowed by the government with lame excuses. Please, somebody verify the true purpose, integrity and capability of anybody attempting to use the people's fund.

Raja Petra

Photobucket Ihsan dari blog Go!Malaysian http://gomalaysian.blogspot.com/

ANWAR IBRAHIM

A prosperous future is indivisible from a firm commitment to the principles of distributive justice, the rule of law and a profound respect for human rights.

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justice4allmsia@yahoo.com

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