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Tuesday, October 11, 2016

Sodomy II review: Submissions conclude, apex court reserves judgment


2.30pm: Justice Zulkefli reserves delivery of the judgment. Court adjourns to a date to be fixed.
2.25pm: Sri Ram replies that if the Federal Court had violated the rules of natural justice, a review must be allowed.
He states the keyword should be "injustice or to prevent injustice".
"This is to remedy any injustice if there was procedural unfairness. This goes to the heart of procedural fairness.
"Is it in the interest of justice to allow the conviction to stand?" Sri Ram concludes.
2.20pm: DPP submits that the court should not adopt a liberal approach on Rule 137, like in India.
Ahmad Kamal says that the case authorities cited by the applicant are for matters on appeal and are not applicable for the purpose of a review.
"The decision to ask for a review is not appropriate," he adds.
2.05pm: After reading Tengku Sharifuddin's affidavit, the DPP denies that there was a plot against Anwar.
He reiterates that the PMO had prepared two statements.
In defending the conduct of  Shafee for holding roadshows, Ahmad Kamal says the defence has failed to show how the conduct had influenced the judgment of the court.
He says the evidence adduced at the High Court should be accepted.
What the appointed prosecutor did at the roadshows was based on evidence revealed in court, Ahmad Kamal adds.
1.55pm: Court is in session.
DPP Ahmad Kamal focuses on the PM’s Office press statement. He says the PMO or aide made the affidavit to clear the air.
"It does not show they (PMO) have an interest in the case," he adds.
12.55pm: Sri Ram then refers to PM's aide Tengku Sharifuddin Tengku Ahmad's affidavit.
"The aide says he prepared two statements, one on the conviction and the other on the acquittal.
"But where is the other statement. This affidavit (by the PM's aide) is a partisan statement."
Sri Ram argues that it is not a practice for the Prime Minister's Office to comment on a criminal case.
"It showed the PMO has a personal interest in this case.
"It corroborates the defence of political conspiracy," he adds.
Court breaks for half an hour.
12.50pm: Going on the last point in the issue of political conspiracy, Sri Ram says a press statement was issued by the Prime Minister's Office over Anwar's conviction.
He wants the court to note that Saiful had met the then deputy prime minister, now the PM (Najib).
Sri Ram then reads the full statement and says it was issued even before the sentence on Anwar was passed.
"It was issued 15 minutes after the judgment. Why issue the statement when there was no such statement after Sodomy 1. The complainant had the closeness with the PM.
"This evidence was not available to us," he submits.


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