Hornbill Unleashed

June 8, 2017

Anwar wants his sodomy conviction declared unlawful

Filed under: Politics — Hornbill Unleashed @ 8:01 AM

anwar-1Jailed opposition leader Anwar Ibrahim will on Friday file a suit to nullify his sodomy conviction on grounds that the prime minister allegedly paid an ad-hoc prosecutor RM9.5 million.

“The legal challenge is for breach of his constitutional rights,” his lawyer N Surendran told FMT via WhatsApp.

Last week, Sarawak Report alleged that the money was paid to lawyer Muhammad Shafee Abdullah from Najib Razak’s account.

It is learnt that Anwar will be seeking a declaration that his conviction by the Court of Appeal on March 7, 2014 is ultra vires Article 5(1) of the Federal Constitution.

A three-man bench chaired by Balia Yusuf Wahi sentenced Anwar to five years’ jail just when the then Permatang Pauh MP was ready to contest in a by-election for the Kajang state seat.

He committed the sexual misconduct on his former aide, Mohd Saiful Bukhari Azlan, at the Desa Damansara condominium on June 26, 2008.

Anwar will also ask for another declaration that the Feb 10, 2015 Federal Court decision to affirm the Court of Appeal ruling be also set aside.

Anwar was acquitted of the charge by the High Court on Jan 12, 2012 after his defence was called.

At the trial stage, the prosecution was led by then solicitor-general Mohd Yusof Zainal Abidin.

Following Yusof’s early retirement, Shafee was given a licence to prosecute the case. He was appointed by then attorney-general Abdul Gani Patail on July 11, 2013 to lead the prosecution team.

The whistleblower website further claimed it had seen documents from investigators which alleged that Najib paid the money using funds he received from state-owned SRC International Sdn Bhd, a former subsidiary of 1MDB.

Shafee had allegedly received the funds from Najib on Sept 11, 2013 and on Feb 17, 2014.

On July 22, 2013, after a Court of Appeal proceeding, Shafee told reporters he was paid a “minimal sum” due to the existence of a contract between him and the government.

“That is very officious in terms of remuneration. Just as I am being appointed in other positions for law, I will do it even if there is no emolument. I consider this a public service,” he had said.

He dismissed claims that his appointment as an ad-hoc DPP was “controversial”.

FMT’s attempts to contact the lawyer have not been successful so far although several messages sent to his WhatsApp were read, as indicated by the double-blue ticks on the sender’s phone.


Source : FMT Online by V Anbalagan


 

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