Nov 18 set for Anwar’s appeal against striking out sodomy conviction suit

PUTRAJAYA, June 1 — The Court of Appeal has fixed November 18 to hear Datuk Seri Anwar Ibrahim’s appeal against a High Court’s decision which struck out his originating summons relating to his conviction for sodomising his former aide Mohd Saiful Bukhari Azlan.

His counsel J. Leela, when contacted, said the matter came up for case management before deputy registrar Nik Serene Nik Hashim today.

On November 8, 2017, the High Court in Kuala Lumpur allowed the government’s application to strike out Anwar’s lawsuit after ruling that his case was groundless and without any supporting evidence.

The then High Court judge Datuk Azizah Nawawi (now Court of Appeal judge) held that the foundation of Anwar’s originating summons on the alleged payment by former Prime Minister Datuk Seri Najib Razak to the prosecutor was not supported by any evidence.

The government filed the application to strike out Anwar’s suit on grounds that it was petty, had no cause of action and an abuse of the court process.

Anwar, who is Port Dickson member of parliament, filed the originating summons on June 9, 2017, naming the government as defendant. He claimed that he did not get a fair trial in the appeal against his sodomy conviction.

He said his guaranteed right under Article 5(1) of the Federal Constitution to a fair trial was violated and the findings by the Court of Appeal and the Federal Court could not stand, and were null and void.                   

Anwar has also sought a declaration that his conviction by the Court of Appeal on March 7, 2014 was ultra vires the Federal Constitution and thus null and void. He also wanted an order that the decision by the Federal Court in upholding the Court of Appeal’s decision was ultra vires and therefore null and void.

Anwar’s conviction and five years’ jail term for sodomising Mohd Saiful were upheld by the Federal Court.  However, he was given a full pardon by the King on May 16, 2018.

In his affidavit, Anwar alleged that lawyer Tan Sri Muhammad Shafee Abdullah received RM9.5 million from Najib to lead the prosecution team in the appeal over his sodomy conviction.

Meanwhile, Leela said the Federal Court has rescheduled the hearing date to July 22 for the hearing of Muhammad Shafee’s application for leave to appeal against the Court of Appeal’s refusal to expunge an affidavit made by a former Attorney-General’s special task officer.

She said the date of the hearing was initially fixed for May 20.

On November 29, 2018, the Court of Appeal dismissed Muhammad Shafee’s application to expunge Siti Rahayu Mohd Mumazani’s affidavit and to cross-examine her.

The appellate court, had, however, allowed Muhammad Shafee to intervene in Anwar’s appeal regarding his civil action against the government over his sodomy conviction.

In her affidavit, Siti Rahayu claimed new information was discovered in which RM9.5 million was paid to Muhammad Shafee from Najib’s bank accounts between 2013 and 2014. — Bernama