Anwar’s appeal to strike out pardon suit to be heard on 18th March 2021
(FMT) – The Court of Appeal has decided to return to the original date of March 18 to hear Anwar Ibrahim’s appeal to reverse a High Court ruling that it can hear a suit that questions the Pardons Board’s decision to erase all his criminal convictions.
Lawyer J Leela, who appeared for Anwar, said the court today went back to the original date after a case management before Court of Appeal deputy registrar Radzilawatee Abdul Rahman.
“The deputy registrar informed us that the appeal will be heard on March 18 due to rescheduling of cases in the Court of Appeal,” she said.
During a case management on Jan 11, the appeal hearing was fixed for March 18. In another case management last week, it was rescheduled to July 28.
Last September, Judge Akhtar Tahir threw out the applications of the government and Anwar to strike out the lawsuit filed against them by lawyer Mohd Khairul Azam Abdul Aziz over Anwar’s pardon in May 2018.
Mohamed Haniff Khatri Abdulla and Farhan Kamarudin are representing Khairul.
He is seeking a declaration that the pardon given to the opposition leader was not in accordance with the law as the Federal Territories Pardons Board was not legally constituted at the time.
Akhtar ruled that the application was not a clear cut case to be summarily dismissed under the Rules of Court.
“Evidence might need to be called before the court. The second defendant (Anwar) also has the right to cross-examine the witnesses,” he said.
The trial has been tentatively fixed for three days from March 24.
Khairul had said the composition of the Pardons Board was not in accordance with Article 42 (5) to advise the King to pardon Anwar.
He said then prime minister Dr Mahathir Mohamad had announced on May 11, 2018, two days after Pakatan Harapan came to power, that the King had granted a full pardon to Anwar.
Khairul said the pardon came about just before a Cabinet was formed and this was in violation of Article 42 (4) and (5) of the constitution.
He said the board also did not exist at that time as a board member – then attorney-general Mohamed Apandi Ali – was on garden leave and the Federal Territories minister had yet to be appointed.
He also said Apandi had not assigned the solicitor-general to represent him at the meeting.
Article 42 (5) states that the Federal Territories Pardons Board membership should consist of the attorney-general, the minister and at least three others to advise the King.
Anwar told a press conference on May 16, 2018, that the King had granted him full pardon for his three convictions – one for abuse of power and two for sodomy – on the basis that there was a “miscarriage of justice”.
He said the pardon was also on the basis that there was a conspiracy to condemn him and “assassinate” his political character.
