Claiming ‘political conspiracy’, Anwar’s lawyer seeks ex-cop’s testimony in Sodomy II review

(Malay Mail Online) – Datuk Seri Anwar Ibrahim is a victim of a “political conspiracy” and should therefore be allowed to use a former senior police officer’s testimony in his bid to review his sodomy conviction, a lawyer for the jailed politician told the Federal Court today.

Anwar’s lead counsel Datuk Seri Gopal Sri Ram (pic) – argued that the Federal Court has the powers under the law to allow former Commercial Crimes Investigation Department (CCID) chief Datuk Ramli Yusuff’s evidence to be produced in court with an aim to prevent “injustice”.

“Now the fresh evidence comes under the name of political conspiracy but in substance, there was a pre-arranged plan between investigators and prosecutors to frame the case of my client,” Sri Ram, who is also a former Federal Court judge, said.

Sri Ram said Ramli’s testimony on the same individuals ― said to be involved in both an alleged cover-up of an assault on Anwar before his first sodomy case and his subsequent second sodomy case ― would be highly relevant if their motives and “a propensity to victimise” Anwar could be shown.

Today is the Federal Court’s hearing of Anwar’s application for Ramli to be called in to testify ahead of the apex court’s review of Anwar’s conviction in his second sodomy case also referred to as “Sodomy II”.

The five-man panel today headed by Chief Judge of Malaya Tan Sri Zulkefli Ahmad said it will deliver its decision at a later date as they did not want to rush through the matter.

The other judges on the panel are Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, Tan Sri Hasan Lah, Tan Sri Abu Samah Nordin, Datuk Zaharah Ibrahim.

On June 10, Anwar filed an application to have Ramli testify at the Federal Court on the alleged conspiracy to cover up the infamous 1998 “black eye” incident during his detention before his first sodomy trial.

In his application, Anwar said Ramli’s evidence strongly supports his defence in Sodomy II that he was a “victim of political conspiracy and fabricated evidence”.

In his supporting affidavit filed then, Anwar claimed he was “blindfolded, handcuffed and mercilessly assaulted” by then Inspector-General of Police Tan Sri Rahim Noor, also alleging that a police probe of the “black eye” incident led to then Attorney-General Tan Sri Mohtar Abdullah, former Attorney-General Tan Sri Abdul Gani Patail and former Inspector-General of Police Tan Sri Musa Hassan’s alleged bid to fabricate evidence.

Today, deputy public prosecutor Datuk Mohamad Hanafiah Zakaria argued that evidence on the alleged cover-up of the “black eye” incident was already available during Anwar’s Sodomy II trial through former police officer Datuk Mat Zain Ibrahim’s statutory declaration, and that Ramli’s testimony is irrelevant.

Hanafiah acknowledged that both Gani and Musa had not filed affidavits to respond to the allegations that Anwar was seeking to raise, but insisted that his own court document was sufficient.

“There is my affidavit that Tan Sri Gani and Tan Sri Musa were not involved in the investigation and decision to prosecute the applicant in Sodomy II.”

Hanafiah also claimed that Ramli’s testimony of Musa’s words was “hearsay”, referring to the latter purportedly asking Ramli to fabricate evidence based on alleged instructions from Mohtar and Sodomy I’s lead prosecutor Gani.

Sri Ram disagreed, saying that Gani was involved in Anwar’s Sodomy II case when he signed a document to transfer the matter from the Sessions Court to the High Court and when he appointed private lawyer Tan Sri Muhammad Shafee Abdullah to lead the prosecution.

Sri Ram had earlier argued that Ramli’s evidence only surfaced this May when the latter testified in an unrelated lawsuit, and that Anwar’s team was unable to attempt to rely again on Mat Zain’s evidence as it was previously dismissed and given zero weight by the courts.

In arguing for Ramli’s evidence to be heard by the court so it can be used to seek leave for the Sodomy II review, Sri Ram also pointed out that the credibility of Ramli’s evidence can be tested later by the Federal Court judges and during cross-examination by government lawyers.

On February 10 this year, the Federal Court sentenced Anwar to five years’ jail when it upheld the Court of Appeal’s 2014 ruling that had reversed Anwar’s acquittal of sodomising former aide Mohd Saiful Bukhari Azlan.

Latheefa Koya, another lawyer representing Anwar, confirmed today that no date has been fixed for the Federal Court to hear Anwar’s application for leave to review of his Sodomy II conviction and sentence.

Anwar, a former deputy prime minister who was convicted but later acquitted in 2004 in his first sodomy case, had failed to get a royal pardon for his Sodomy II conviction.

Latheefa also confirmed today that the Kuala Lumpur High Court has yet to assign a judge or fix hearing dates for Anwar’s two other applications for leave to challenge the denial of his royal pardon and for leave to challenge the denial of his voting rights during imprisonment.