Anwar objects to judge line-up, hearing delayed to Dec 2
(MM) – The Federal Court today put off hearing Datuk Seri Anwar Ibrahim’s attempt to remove a homosexual reference in his Sodomy I acquittal, after the opposition leader objected to judge Datuk Seri Mohamed Apandi Ali’s presence on the Bench.
It is understood that Anwar’s lawyer, Sulaiman Abdullah, had approached the deputy registrar of the Federal Court before proceedings started, to register their objection.
The objection prompted Chief Justice of Malaya Tan Sri Zulkefli Ahmad Makinuddin — who was chairing the five-judge panel — to postpone the hearing to December 2.
“They took objection to Apandi, but no arguments were heard. If there were, I would have objected to their application,” senior federal counsel Manoj Kurup later told reporters outside the courtroom.
Court officials, who spoke on condition of anonymity as they were not authorised to give statements, said that Anwar filed an objection on the ground that the panel was “unsuitable”.
It is, however, not known if the Federal Court will retain the same five judges on the panel or change the lineup when the hearing resumes early next month.
Apart from Zulkefli and Apandi, today’s panel also included Justices Datin Paduka Zaleha Zahari, Datuk Zainun Ali and Datuk Ramly Ali.
Apandi was at one time an active Umno member, having once held the post of Kelantan Umno treasurer before his appointment to office.
Anwar submitted his application to expunge the offending reference just before the 13th General Election, on grounds that it has been used by his political opponents to claim that he is tainted.
The former deputy prime minister was acquitted of his first sodomy charge after the Federal Court ruled two to one in Anwar’s favour on September 2, 2004.
Justice Datuk Abdul Hamid Mohamad, who chaired the panel, however included in the majority judgement that they were inclined to believe that Anwar and his adopted brother Sukma Darmawan Saasmitaat, who was jointly charged, had engaged in sodomy.
“We find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen,” read the section of the judgement that Anwar is seeking to remove.
In 1999, Anwar and Sukma were jointly charged in the High Court for allegedly sodomising Azizan Abu Bakar between January and March 1994. Azizan was at the time the driver for Anwar’s wife, Datuk Seri Wan Azizah Wan Ismail.
Anwar was found guilty by the High Court and sentenced to nine years jail, a penalty that was to run consecutively after an earlier six-year jail term for corruption.
The opposition leader is also currently involved in a second sodomy case, after the government filed an appeal against his acquittal for allegedly sodomising political aide Mohd Saiful Bukhari Azlan.
Anwar is scheduled to be back in the Federal Court next Thursday to hear the decision on whether or not prominent Umno lawyer Tan Sri Mohamed Shafee Abdullah is disqualified from representing the government in its Sodomy II appeal.
Anwar was cleared last year of sodomising Saiful at the Desa Damansara condominium on June 26, 2008.
