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IF THE COURT OF APPEAL RULES FOR THE GOVERNMENT, ANWAR WILL RETURN TO PRISON!
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DID YOU REALISE THAT ANWAR IBRAHIM COULD GO TO JAIL?
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Video:
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Free Malaysia Today
Semen samples could have been switched’
Karpal Singh told the Court of Appeal that he took strong objections to Shafee’s remarks on Anwar.
KUALA LUMPUR: Karpal Singh, who leads Anwar Ibrahim’s defence team, took the Umno-linked prosecution lawyer Muhammad Shafee Abdullah to task for maligning Anwar this morning in the Sodomy 2 appeal.
Shafee had earlier today criticised Anwar in court for making his statement from the dock rather than the witness stand during the trial.
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Karpal told the court that : “An accused person… may remain silent. These are his subjective rights. Anwar chose what is his right to make a statement from the dock. The prosecution shouldn’t be allowed to make any remarks to posion the courts’ mind.
“Shafee owes more than an apology to Anwar for maligning him just now.”
Karpal also contended that the DNA sample was compromised because investigating officer Jude Pereira had failed to place the evidence in the freezer as ordered by chemist Dr Seah Lay Hong.
He said that Pereira had acknowledged during the Sodomy 2 trial that the samples may degrade because it had not been placed in the freezer.
“[Pereira’s] answer certainly reflects that he knew the samples had to be preserved,” added Karpal.
Karpal stressed that on that ground alone, the appeal should be dismissed.
“The learned trial judge adequately dealt with the basic structure of case against Anwar Ibrahim.”
Karpal also cast doubts on the testimony of Mohd Saiful Bukhari Azlan, whom he described as “the star witness”.
He noted that while Saiful was “no country bumpkin”, having studied in college and later offered a degree in electrical engineering, yet the latter delayed lodging a police report against Anwar for two days.
Karpal pointed out that Saiful also first told Dr Mohamad Osman Abdul Hamid when seeking treatment at the Pusrawi Hospital that he had been assaulted and plastic object had been inserted into his anus.
But Saiful changed the account of the events when he lodged the police report, Karpal reminded the appellate court.
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Free Malaysia Today
‘Where were Anwar’s alibi witnesses?’
The Court of Appeal is hearing the prosecution’s argument against Anwar Ibrahim’s acquittal on the charge of sodomising his former aide.
In the hearing, Shafee explained to the judges that the acquittal was based only on one issue: whether the semen extracted from Saiful Bukhari’s rectum, which was used as evidence in the sodomy 2 trial, had been compromised.
“So we’re dealing with whether there was tampering of evidence by [investigating officer Jude Pereira] and in the light of that, break in chain of evidence in relation to the exhibits, and whether integrity was preserved, and whether the two chemists — who are experts in DNA — their testimony can be relied on.
“In short, if presented to them wrongly, the entire case crumbles,” Shafee told the panel of judges.
He also pointed out that the high court judge had placed standards that were too high on the DNA evidence, which is a 100 percent benchmark.
“We cannot achieve 100 percent in life. Its based on all evidence, then probability,” said Shafee.
He also noted that the judge, when reading out his decision, had not expressed opinions on the experts brought by the defence team.
Shafee also questioned the qualifications of one of the defence team’s experts, saying the expert was not “people of the land”. In contrast, he argued, the two experts brought by the prosecution team were Malaysians, with decades of experience in the field.
“The learned judge was not disputing the testimony [of the prosecution’s expert]. He raised doubts because of the integrity of the sample.
“If you give rubbish to a chemist, of course you get rubbish results. If you give right evidence, (the judge) will accept the result,” said Shafee.
But he claimed that the high court judge had “completely misconstrued the facts” when ruling that the DNA sample may have been tampered with.
Shafee added that it was unlikely that Pereira had tampered with the DNA sample, as the prosecution’s chemist had previously testified that all evidences remained labeled and sealed when it was brought to her for examination.
“This is our strongest complaint: The chemist said the bottle was sealed, but that (testimony) is completely missing from the examination by the judge,” he said.
Read the rest in:
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Malaysiakini
5:45PM Mar 5, 2014
Last-minute bid fails, sodomy appeal starts tomorrow
Opposition leader Anwar Ibrahim’s eleventh hour application for a stay of proceedings of the prosecution’s appeal over the Sodomy II acquittal has failed.
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With this, the prosecution’s appeal will be heard at the Court of Appeal tomorrow led by Shafee.
http://www.malaysiakini.com/news/256151
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Malaysiakinj
The Court of Appeal has allowed lawyer Muhammad Shafee Abdullah to represent the prosecution in its appeal against Anwar Ibrahim’s acquittal of a second sodomy charge.
Justice Ramly Ali who is leading the three-member bench, said the decision was unanimous.
‘Shafee can act for prosecution’ in Sodomy appeal
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Malaysiakini
The defence team today submitted to the Court of Appeal that Muhammad Shafee Abdullah cannot prosecute in the government’s Sodomy II appeal because the senior lawyer was a material witness.
In his submissions, lead defence counsel Karpal Singh said Shafee was present when alleged sodomy victim Mohd Saiful Bukhari Azlan met then deputy prime minister Najib Abdul Razak at the latter’s official residence.
“Shafee was also offered to the defence as a witness and had his statement recorded by the police under Section 112 of the Criminal Procedure Code,” he added.
The night in question was on June 24, 2008, at Najib’s residence, that is two days before the alleged sodomy incident at Desa Damansara condominium, of which Anwar was acquitted by the Kuala Lumpur High Court.
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Meanwhile, counsel Ramkarpal also submitted that although Shafee had denied meeting Saiful as cited in the lawyer’s affidavit in reply, one cannot deny that there is a conspiracy at large with his presence there.
“He was there and this adds further intrigue as to what transpired,” he added.
Karpal: Shafee a material witness, can’t prosecute
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Malaysia Chronicle
Tuesday, 17 September 2013 21:43
VIDEO
ICJ observer: Sodomy II appeal very important test for M’sian judiciary & legal system
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Justice Tengku Maimun Tuan Mat: recused.
Justice Ramly Ali, leading a three-member bench, said the replacement will be decided tomorrow.
Malaysiakini
Justice Tengku Maimun Tuan Mat: recused.
The Court of Appeal has allowed lawyer Karpal Singh’s application for the recusal of Justice Tengku Maimun Tuan Mat in hearing the appeal against Anwar Ibrahim’s acquittal in the Sodomy II case.
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Karpal informed the court of the preliminary objection to Justice Tengku Maimun’s presence as the second judge in the quorum to hear the appeal.
He said Justice Tengku Maimun had heard a civil suit filed by Anwar against former prime minister Dr Mahathir Mohamad in 2007.
This was when Mahathir had made adverse comments on Anwar during a Suhakam conference alluding to his former deputy’s alleged sexual behaviour.
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“Justice Tengku Maimun in striking out the suit had made a finding of fact and had said although the conviction of Sukma Darmawan has been set aside, there is in existence a judicial finding that the plaintiff had taken part in homosexual acts.
“The finding was made in the High Court whereby the plaintiff (Anwar) was convicted on a charge of sodomising Azizan Abu Bakar, and this was upheld by the Court of Appeal.
“Anwar’s appeal was allowed at the Federal Court (in 2004) where there was a specific finding by the majority that …we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the incident at Tivoli Villa did happen, sometime…,” Karpal read out.
Hence, the senior lawyer pointed out that there is a danger of bias as Tengku Maimun had held the view then, and now she is hearing this appeal.
Karpal said he came to know the matter when co-counsel Ramkarpal Singh raised the matter to him on Friday in having the deputy registrar list the name of judges who had heard Anwar’s cases before.
Karpal gets judge replaced in Sodomy II appeal
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Malaysiakini
Sodomy II: Prosecution’s appeal continues tomorrow
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The government’s appeal against Anwar Ibrahim’s acquittal of the second sodomy charge will continue at the Court of Appeal tomorrow.
It will start with the opposition leader’s application to recuse the attorney- general appointed senior lawyer Muhammad Shafee Abdullah (left) from leading the prosecution.
It is learned that the application to recuse Shafee, who represented key Umno leaders in the past, centres upon the notion that the appointment of private lawyers to lead the prosecution in an appeal has long never been applied before.
Sodomy II: Prosecution’s appeal continues tomorrow
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Malaysia Chronicle
Saturday, 14 September 2013 18:34
THE WORLD IS WATCHING! Eminent jurist sent to observe govt’s appeal of Anwar’s sodomy acquittal
Written by International Commission of Jurists
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Malaysiakini video
Opposition leader Anwar Ibrahim has questioned the appointment of senior lawyer Muhammad Shafee Abdullah to represent the prosecution – who is appealing against Anwar’s acquittal in the Sodomy II case.
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Malaysiakini
Appeal adjourned, Anwar objects to Shafee’s selection
- Hafiz Yatim
- 8:54AM Jul 22, 2013
The Court of Appeal has adjourned the prosecution’s appeal against Anwar Ibrahim’s acquittal in the Sodomy II case and fixed case management for Aug 1 before a registrar.
The three-member bench made the decision as the opposition leader’s lead counsel Karpal Singh was hospitalised.
Appeal adjourned, Anwar objects to Shafee’s selection
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Malaysian Insider
Karpal ill, so government’s appeal against Anwar’s acquittal likely to be adjourned
The government’s appeal tomorrow against Datuk Seri Anwar Ibrahim’s acquittal of sodomy is expected to be adjourned to another date as his lead counsel Karpal Singh is hospitalised.
“We will be making an application for an adjournment as Karpal is unwell. He is currently admitted at the hospital for joint problems and is expected to be there for the next two to three days,” co-counsel Ramkarpal Singh told The Malaysian Insider today.
“We do not know when the next date will be.”
The government’s appeal was expected to be heard at the Putrajaya Court of Appeal tomorrow.
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Anwar is represented by lawyers Karpal Singh, Datuk Param Cumaraswamy, Sankara Nair and Ramkarpal Singh, while the prosecution will be led by head of trial and appeals division Datuk Nordin Hassan, DPPs Mohd Hanafiah Zakaria and Noorin Badaruddin.
Malaysian Insider
Govt’s appeal over Anwar Sodomy II starts tomorrow
The government’s appeal against opposition leader Datuk Seri Anwar Ibrahim’s sodomy acquittal will be heard at the Court of Appeal in Putrajaya for two days, starting tomorrow.
Anwar was freed by the Kuala Lumpur High Court in January last year of sodomising his former aide Mohd Saiful Bukhari Azlan at the Desa Damansara condominium between 3.10pm and 4.30pm on June 2008.
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The judge who presided over the case, Datuk Mohd Zabidin Mohd Diah had acquitted the opposition leader after questioning the integrity of the samples taken in the case.
He had ruled the samples were tampered with and were not safe to reply on the DNA results obtained by the chemist as the investigating officer DSP Jude Pereira had opened the plastic bag containing samples.
With that, Anwar was freed at the end of the defence stage.
http://www.themalaysianinsider.com/malaysia/article/anwar-sodomy-ii-appeal-starts-tomorrow
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SODOMY II: THE BOOK and recent developments…
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