Anwar braces for Sodomy II: Top int'l lawyers fly in to observe Shafee & Umno "ANTICS"

WITH VIDEOS KUALA LUMPUR - The Malaysian government's appeal against the acquittal of Opposition Leader Anwar Ibrahim from sodomy charges will continue on Tuesday, with several eminent international observers attending the 2-day hearing.

Anwar, 66, has denied the manifestly trumped-up allegations and indeed, the courts have acquitted him twice. The first time was in 2004, after he was forced to spend 6 years in jail, with the Malaysian apex court only freeing him after his political foe, former premier Mahathir Mohamad, had retired from government.

In 2008, just as Anwar had led the Opposition to its biggest-ever electoral win, Prime Minister Najib was accused of taking a leaf from Mahathir and using the same 'script' to slap on fresh sodomy charges against Anwar. However, the Kuala Lumpur High Court again acquitted the Opposition chief on the grounds that the DNA evidence raised by the prosecution was 'not safe'.

Anwar has accused Mahathir, Najib and their Umno party of maliciously using sodomy to destroy his political career. Not only is homosexual sex banned in Malaysia and punishable by up to 20 years jail, it is prohibited under Islam which is Anwar's religion.

Only needs "2 to 3 hours" to nail Anwar

On Tuesday, international observer Mark Trowell QC and eminent jurist Justice Elizabeth Evatt AC are among those who will be following the 'machinations' of controversial Umno lawyer Shafee Abdullah, who has been appointed to lead the prosecution.

"Yes, Shafee and Umno had better not shame the country with their antics and destroy the already weak reputation of our judiciary with their circus and contrived framing of a political rival," PKR vice president Chua Jui Meng told Malaysia Chronicle.

"Top-notch experts from top international bodies will be watching the proceedings first hand, so let's all hope Najib & Co won't make fools of themselves and an international laughing stock of our courts with nonsensical and thick-skinned arguments disguised as 'justice'."

Indeed Shafee himself had said he was confident of being able to nail Anwar and only needed "2 to 3 hours".

"It's a very narrow issue. As you can see the High Court judgement agreed on every point with the prosecution except on this issue (of exhibits having possibly been tampered with). So the appeal is going to be very narrow and focused that brings back to the position of how can there be a conflict when we are going to argue clinically just on that issue," said Shafee.

"As far I am concerned, I can finish my appeal within 2 or 3 hrs."

Shafee confident of being able to nail Anwar

The world is watching

Trowell QC will be representing the Geneva-based Inter-Parliamentary Union (IPU), which is the international organisation of parliaments representing more than 162 sovereign parliaments around the world. He will also be representing LAWASIA, which is an international organisation of lawyers’ associations, individual lawyers, judges, legal academics, and others which focuses on the interests and concerns of the legal profession in the Asia Pacific region.

Trowell is an experienced criminal advocate who has not only acted as defence counsel for some of the significant cases in Australia, but has also prosecuted on behalf of the Deputy Public Prosecutor there. He has appeared as counsel at various Royal Commissions and at special inquiries before the Australian Crime Commission (ACC) and Corruption and Crime Commission (CCC).

Evatt, a former member of the United Nations Human Rights Committee, will be representing the International Commission of Jurists (ICJ). A commissioner at the ICJ, Evatt will be observing the hearing of the appeal from 17 to 18 September 2013 at the Court of Appeal in Putrajaya.

The ICJ, a global organization based in Geneva, Switzerland, is composed of judges and lawyers who aim to promote and protect human rights through the rule of law, by using its unique legal expertise to develop and strengthen national and international justice systems.

Anwar: Why appeal Sodomy II, why not the Altantuya murder

Anwar braces for Sodomy II appeal

Meanwhile, Anwar is bracing for the 2-day hearing. He is also slated to fly to Kota Kinabalu on the 18th, where he is due to testify in the Sabah Royal Commission of Inquiry on Illegal Immigrants.

Tuesday's hearing is due to start with the Opposition Leader's application to recuse Shafee, who was appointed by the Attorney-General to head the prosecution.

Anwar's objection to Shafee is premised on the latter's purported "conflict of interest" as Shafee has allegedly been involved in previous cases against the Opposition chief.

Anwar's lawyer Karpal Singh submitted the application to recuse Shafee last month, and this application will be heard first before the government's appeal over Anwar's acquittal.

Jui Meng slams never-ending political revenge against Anwar

Bid to recuse Shafee to be heard first

It is learned that the application to recuse Shafee, who has represented key Umno leaders in the past, centres around the notion that the appointment of private lawyers to lead the government's prosecution in an appeal hearing has never been applied before.

Shafee had said his appointment was based on Section 376 (c) of the Criminal Procedure Code (CPC), which states the public prosecutor can appoint proper persons to be DPPs or senior DPPs who shall be under his control and direction and exercise all the rights powers vested by the prosecutor.

Should the court decide in Karpal's favour and recuse Shafee, the hearing is likely to be adjourned until a new lead prosecutor is appointed.

"This is a malicious prosecution by the government since 1998 to curb my political activities," Anwar had said.

Anwar's lawyers to file objection to Shafee's appointment

DNA evidence doubted

Shafee replaces solicitor-general II Mohd Yusof Zainal Abiden who had led the prosecution throughout the trial. Mohd Yusof had since retired last year, on his third application, and is now in private practice.

Anwar was acquitted by the Kuala Lumpur High Court judge Justice Mohd Zabidin Mohd Diah of sodomising former aide Mohd Saiful Bukhari Azlan.

The Opposition chief was charged with sodomising Saiful at the Desa Damansara condominium between 3pm and 4.30pm on June 26, 2008.

Justice Mohd Zabidin had ruled it was unsafe to convict Anwar as the samples retrieved from Saiful could have been tampered when investigating officer DSP Jude Pereira had opened and relabelled it.

The judge also ruled out accepting the highly suspect DNA evidence provided by the government chemists, which the defense had show contained traces of semen from at least half-a-dozen other men.

Azizah: Shafee is someone clearly against us

A pensive Nurul questions AG's decision to appeal Sodomy II

Malaysia Chronicle