PUTRAJAYA, Nov 16 — Former commercial crime investigation department (CCID) director Datuk Ramli Yusuff’s testimony will not disclose any evidence pertaining to Datuk Seri Anwar Ibrahim’s defence of political conspiracy in his sodomy conviction review, the Federal Court here heard today.
Deputy Public Prosecutor Datuk Mohamad Hanafiah Zakaria told a five-man bench that Ramli’s evidence on the ‘black eye incident’ involving Anwar in 1998 was not relevant to Anwar’s second sodomy charge as both were different issues.
He said the alleged conspiracy of fabrication of evidence in that incident would be too remote for admission as evidence to support Anwar’s allegation of political conspiracy.
Anwar, 68, had alleged that in the black eye incident, he was blindfolded, handcuffed and assaulted by then-inspector-general of police Tan Sri Abdul Rahim Noor in 1998, when he was under detention.
Ramli gave his testimony in a civil matter at the High Court, alleging that he was ordered by then-criminal investigation department (legal and prosecution) deputy director Tan Sri Musa Hassan to fabricate evidence in the ‘black eye incident’.
Hanafiah said the ‘black eye incident’ occurred in 1998 while the sodomy incident was in 2008.
He said what Ramli had said was based on hearsay evidence as what he alleged, that former attorney-generals Mohtar Abdullah (1994-2001) and Tan Sri Abdul Gani Patail (2002-2015) had asked him to lodge a police report, was only informed by Musa.
Hanafiah, who is deputy head of the prosecution division, said Musa and Abdul Gani were not involved in the investigation and prosecution of Anwar on the second sodomy charge.
Anwar’s lead counsel Datuk Seri Gopal Sri Ram, who is a retired Federal Court judge, argued that Ramli’s testimony must be admitted in the interest of justice.
He said the Federal Court had powers under the law to allow his testimony to be
adduced which showed a pre-arranged plan to frame Anwar, adding that Section 93 (1) of the Courts of Judicature Act 1964 should be applied by analogy, to allow for that evidence to be adduced.
He said Ramli’s testimony was on the same individuals who were said to be involved in the ‘black eye incident’ and Anwar’s second sodomy case, and therefore, his evidence would be highly relevant if it could show their motives and propensity to victimise Anwar.
He further said that Abdul Gani was involved in Sodomy II when he ordered the transfer of the case to the High Court and he appointed lawyer Tan Sri Muhammad Shafee Abdullah as lead prosecutor.
Anwar is applying to the Federal Court for an order for Ramli to give his oral testimony and subsequently, to be accepted by the Federal Court and used as evidence at the hearing of his review application.
He filed a review against the Federal Court’s decision on Feb 10, this year, which upheld his conviction and five-year jail sentence for sodomising his former aide, Mohd Saiful Bukhari Azlan, which is still pending in the Federal Court.
Anwar, who is currently serving the jail sentence in the Sungai Buloh Prison was brought to court today, accompanied by prison officers.
The Federal Court panel chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin reserved decision to a date to be fixed later. — Bernama
