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Tuesday, February 21, 2012

Bid filed for revision of Syariah Court of Appeal decision



Opposition leader Anwar Ibrahim has filed an application for a review of the Syariah Court of Appeal’s decision in saying leave (permission) was not needed to hear an application by Minister Jamil Khir Baharom and two others to set aside his (Anwar’s) appeal over his qazaf (bearing false witness) application.

Anwar, 63, filed the application at the Syariah Court of Appeal registry this morning.

The Syariah Court of Appeal had on Jan 30 decided leave was not needed to hear the minister’s application and wanted to proceed to hear the merits of their application.

This led to Anwar’s lawyers staging a walkout as they claimed it was against legal procedures.

Accompanying Anwar during the filing was his wife Dr Wan Azizah Wan Ismail and his lawyers Kamar Ainiah Kamaruzaman and Rafie Mohd Shafie.
Anwar, in his application, wants a new panel to hear this application, and also to set aside the earlier Syariah Court of Appeal decision

Anwar: Why qazaf application not heard?

The opposition leader, after signing the necessary documents, asked why there was such a delay in hearing the qazaf application as it had already been three years.

“Initially, they said to wait after the criminal case and now that it has been disposed off, the matter has still not been heard,” he said.

He claimed there had been political intervention in hearing the application.

“What is the delay in hearing this application? What is the political directive made to delay its hearing? It is a matter of principle, why has the matter not been adjudicated after three years?” Anwar asked.

“It is contrary to the spirit of law, justice and syariah that the minister had instructed that this matter be delayed and the criminal matter be heard first. This case also involves the improper use of tithe money, and why has there been no ruling or comment made by the Syariah court in this?”

The case, he said involves a decision by Jamil Khir to use the tithe fund, which saw lawyer Zainul Rijal Abu Bakar being appointed to the Federal Territory Islamic Affairs Council.

[More to follow]

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