Startling twist in Anwar’s illegal assembly hearing

Word has it that the former magistrate and Sessions Court judge had a fallout with attorney-general (AG) Tan Sri Abdul Gani Patail. However, Yusof dismissed the claim saying that, while there may be times when they have a difference in opinion, he and Gani are “good friends” and that he has nothing personal against the AG or the government.

Haris Dol, Malaysia Digest

Many felt that something was just not right when they saw former solicitor-general II Mohd Yusof Zainal Abiden’s sudden reemergence from early retirement as Datuk Seri Anwar Ibrahim’s lawyer on the April 28 Bersih 3.0-related charge. After all, this was the same lawyer who had led the prosecution team against Anwar in the Sodomy II trial.

Malaysian Digest caught wind of Yusof’s (pic) latest legal role in an Anwar case (only this time he’s on the other team’s side) thanks to a source from inside the courtroom who was updating MD on the court proceeding via SMS. Other reporters were in a frenzy by the time they got hold of the news later on.

However, the press and the public were not the only ones who were taken aback by Yusof’s sudden about-turn. Apparently, even Anwar’s Pakatan Rakyat colleagues were not aware of this major detail until later and they were astounded when they found out about the new entry into their leader’s defence team.

Anwar’s lead counsel Karpal Singh, for one, was only told about it a day before the hearing. 

“We got to know late that he was willing to participate in the team and we welcome him. It could be a sign…,” Karpal said.

When asked how he felt about having Yusof onboard, Karpal said: “Quite incongruous, difficult to reconcile, nevertheless he has opted to be on our side.”

“This is his first case as a defence counsel. Let’s see how he goes, we are there to guide him and anyway he is a very experienced prosecutor,” said the DAP president.

Storm Brewing Between Former S-G Yusof and A-G Gani?

Yusof retired as solicitor-general in February and had set up his own practice. During his time as the Attorney-General’s Chambers (AGC), where he was the head of prosecution, Yusof had led the prosecution team in the Sodomy II trial against Anwar, who was eventually acquitted. This was also Yusof’s final case for the AGC, although he, reportedly, had been quick to recommend an appeal against the sodomy verdict.

Speculations  and rumors (including one of Yusof’s plan to join PAS next month) over Yusof’s ‘sensational’ comeback were at fever pitch after Tuesday’s hearing. Word has it that the former magistrate and Sessions Court judge had a fallout with attorney-general (AG) Tan Sri Abdul Gani Patail. However, Yusof dismissed the claim saying that, while there may be times when they have a difference in opinion, he and Gani are “good friends” and that he has nothing personal against the AG or the government.

“I am a professional. They (Anwar) called me last night (Monday) and I am available and I have no hesitation. I do not have any political affiliation,” said Yusof, adding that he had expected criticism over his decision.

However, The Malaysian Insider said it understands that Yusof had “disagreed with the way some high-profile cases had been handled” by Gani. It was also reported that, in recent years, Yusof and his charges were sidelined and this prompted many to leave the AGC.

Yusof’s Credibility on the Line

Expectedly, with Yusof in Anwar’s team, Barisan Nasional (BN) leaders raised doubt over Anwar’s acquittal in the Sodomy II case just four months ago in which the former Solicitor-General II led the prosecution.

Many questioned Yusof’s move, saying it was “unprofessional” as it damaged public perception of the trial which lasted two years and saw Pakatan repeatedly claim that evidence had been tampered with.

Former PKR parliamentarians have also questioned Yusof’s motive. Kulim Bandar Baru MP Datuk Zulkifli Nordin questioned Yusof’s credibility, given that the former Attorney-General’s Chambers (AGC) has been known to be consistent and had once questioned Anwar’s credibility and morality. However, Zulkifli said it is not Yusof’s decision he was suspicious about, as it is a professional decision, but how his stance could have changed so much.

While many may find Zulkifli’s comment questionable in itself (for obvious reasons), another independent MP, N Gobalakrishnan has urged Yusof to reveal how much he is charging Anwar in legal fees and whether payment is being made locally or abroad.

Yusof has also incurred the wrath of pro-Umno bloggers as well as Umno leaders. Kota Belud MP Abdul Rahman Dahlan had tweeted: “Sodomy II prosecutor now in Anwar’s legal team. God is great! Yup, my neighbour said now he knew why Anwar was acquitted.”

In these circumstances, one would tend to be suspicious that Yusof’s ‘defection’ would be violating the oath of secrecy which he had signed while in public service. However, the former judge who ranked third in seniority in the AG’s Chambers when he opted for retirement from Feb 1 said he was still bound by the oath.

Anwar’s Latest Legal Weapon

Anwar, of course, reveled in the fact that he had successfully convinced Yusof to crossover to his side to  ‘beef up’ his defence game. After the  brief hearing, which saw the de facto PKR chief and two other party leaders being charged under section 4(2)(c) of the Peaceful Assembly Act (PAA), he claimed a symbolic victory in having the lawyer who unsuccessfully prosecuted him for sodomy join his legal team. He pointed out to reporters, after being charged along with his party deputy Azmin Ali and Rembau chief Badrul Hisham Shaharin, that someone who was in government did not want to be a part of the “dirtiness”.

“As you can see, (Yusof played) a role in the preliminary stage with Karpal, and is not here to make up the numbers.

“Yusof’s participation shows that he does not condone this… politically-motivated charge.

“There are many who are in the AG’s Chambers who hold the same view and are waiting for the right time to be with me.”

Describing Yusof’s coming onboard as a “positive development”, Anwar told reporters that he thinks “more lawyers are biding their time to join me as well”.

“Yusof’s presence is very meaningful to me. It shows that someone inside the government is aware of the ‘dirtiness’ and does not want to be a part of it,” said the Opposition leader.

He also said if Yusof truly thought he was guilty, then the former solicitor-general would not have agreed to join his legal team.

Meanwhile, senior defence lawyer Karpal likened Yusof’s entry into Anwar’s defence team as “certainly a blow to the government”.

Sankara Nair, who is also in the defence team along with Ram Karpal Singh Deo, pointed out that whatever Yusof was involved in previously, is in the past.

Peculiar Comeback

It was certainly a startling twist to the first ever case of individuals being charged under the new PAA which was passed in November last year (with no dissenting votes after the Opposition refused to take part in the debate and staged a walkout). All three defendants claimed trial. If found guilty, the offence carries a maximum fine of RM10,000.

Despite receiving approval of the Malaysian Bar on his joining Anwar’s defence team, all eyes will be on Yusof following his ‘peculiar’ comeback particularly on July 2 – the date the court has set for trial’s next mention date.