The Court of Appeal in Anwar Ibrahim's sodomy II judgment denied it had acted in haste in the prosecution's appeal resulting in the Kuala Lumpur High Court decision being overturned.
Describing the case as having “a chequered history”, the three- member bench also managed to draw up a chart highlighting the various antecedents from July 2013, as a result of the various applications made.
The case itself had seen many case managements amounting to over 10.
“Based on the above facts, it would be stretching it too far to say that this appeal has been disposed off in haste.
"It should be noted that most of the applications to adjourn were at the insistence of the respondent (Anwar) who filed one application after another,” said the judges in the written judgment.
“It is in the public interest that criminal appeals be dealt with by the courts as soon as possible. Dilatory practices bring the administration of justice into disrepute,” they added.
The appellate court also has strong words for Anwar's counsel, the late Karpal Singh, saying it was not proper for a lawyer to routinely fail to expedite hearing of an appeal solely for the client's convenience.
“Counsel should not intentionally use procedural devices to delay proceedings without any legal basis,” said the panel led by Balia Yusof Wahi.
They further noted “delaying is a known defence tactic”.
The prosecution's appeal was conducted on March 6 and 7 prior to the nominations for the Kajang by-election.
Anwar and the late Karpal had said that the trial was brought forward by the court as it was initially slated for April, with both the defence and prosecution agreeing to the dates initially but all this changed as a result of the Kajang by-election.
The Kajang poll initially slated Anwar as the candidate for the seat only to see his wife and PKR president, Dr Wan Azizah Wan Ismail contesting, as a result of the sodomy II conviction.
On March 7, the court sat in morning, deliberating until delivering the verdict and sentence at 7 pm.
While Anwar has filed his notice of appeal, the prosecution has indicated they are also cross-appealing the five-years jail sentence.
Submissions handed late
The judges also complained that the submissions from the defence were handed in late.
They said the appellants (prosecution) led by appointed senior lawyer Muhammad Shafee Abdullah had filed their submissions on July 19, last year before the initial hearing dates that had been fixed three days later.
“The court received Anwar's first written submissions only on Feb 12, and another written submission on the first hearing day on March 6,” they said.
Anwar has been found guilty by the appellate court of sodomising his former aide Mohd Saiful Bukhari Azlan, at the Desa Damansara condominium, on June 26, 2008, an accusation resulting in the opposition leader's five -year jail term.
The 85- page written judgment was dated April 11, and made available by the court today. Besides Balia, the other two judges are Justices Aziah Ali and Mohd Zawawi Mohd Salleh.
Anwar has approximately 10 days to file his petition of appeal stating the grounds of his appeals with the Federal Court.
With Karpal's untimely demise early Thursday morning, it remains to be seen whether Anwar's defence team will be able to comply with this requirement although they could seek an extension.
Anwar was reported to have met Karpal at his Jalan Pudu office on Wednesday night to discuss the matter.
The question is still hanging as to who will replace Karpal in Anwar's appeal at the Federal court later, as Ramkarpal, injured in the road accident that killed his father, had done a good job in his submission on the DNA evidence.
Describing the case as having “a chequered history”, the three- member bench also managed to draw up a chart highlighting the various antecedents from July 2013, as a result of the various applications made.
The case itself had seen many case managements amounting to over 10.
“Based on the above facts, it would be stretching it too far to say that this appeal has been disposed off in haste.
"It should be noted that most of the applications to adjourn were at the insistence of the respondent (Anwar) who filed one application after another,” said the judges in the written judgment.
“It is in the public interest that criminal appeals be dealt with by the courts as soon as possible. Dilatory practices bring the administration of justice into disrepute,” they added.The appellate court also has strong words for Anwar's counsel, the late Karpal Singh, saying it was not proper for a lawyer to routinely fail to expedite hearing of an appeal solely for the client's convenience.
“Counsel should not intentionally use procedural devices to delay proceedings without any legal basis,” said the panel led by Balia Yusof Wahi.
They further noted “delaying is a known defence tactic”.
The prosecution's appeal was conducted on March 6 and 7 prior to the nominations for the Kajang by-election.
Anwar and the late Karpal had said that the trial was brought forward by the court as it was initially slated for April, with both the defence and prosecution agreeing to the dates initially but all this changed as a result of the Kajang by-election.
The Kajang poll initially slated Anwar as the candidate for the seat only to see his wife and PKR president, Dr Wan Azizah Wan Ismail contesting, as a result of the sodomy II conviction.
On March 7, the court sat in morning, deliberating until delivering the verdict and sentence at 7 pm.
While Anwar has filed his notice of appeal, the prosecution has indicated they are also cross-appealing the five-years jail sentence.
Submissions handed late
The judges also complained that the submissions from the defence were handed in late.
They said the appellants (prosecution) led by appointed senior lawyer Muhammad Shafee Abdullah had filed their submissions on July 19, last year before the initial hearing dates that had been fixed three days later.
“The court received Anwar's first written submissions only on Feb 12, and another written submission on the first hearing day on March 6,” they said.
Anwar has been found guilty by the appellate court of sodomising his former aide Mohd Saiful Bukhari Azlan, at the Desa Damansara condominium, on June 26, 2008, an accusation resulting in the opposition leader's five -year jail term.
The 85- page written judgment was dated April 11, and made available by the court today. Besides Balia, the other two judges are Justices Aziah Ali and Mohd Zawawi Mohd Salleh.
Anwar has approximately 10 days to file his petition of appeal stating the grounds of his appeals with the Federal Court.
With Karpal's untimely demise early Thursday morning, it remains to be seen whether Anwar's defence team will be able to comply with this requirement although they could seek an extension.
Anwar was reported to have met Karpal at his Jalan Pudu office on Wednesday night to discuss the matter.
The question is still hanging as to who will replace Karpal in Anwar's appeal at the Federal court later, as Ramkarpal, injured in the road accident that killed his father, had done a good job in his submission on the DNA evidence.
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