Court dismisses Anwar’s bid for joint hearing with Bar, AAS

However, no reason is given for the dismissal of the application.

Anwar Ibrahim wanted his challenge on the legal status of two top judges to be jointly heard with those from the Malaysian Bar and Advocates Association of Sarawak. (AFP pic)

PUTRAJAYA: The Federal Court has rejected a request by jailed opposition leader Anwar Ibrahim to have his application to challenge the legal status of two top judges jointly heard with those from the Malaysian Bar and Advocates Association of Sarawak (AAS).

A letter dated March 5, which was signed by a Federal Court deputy registrar and sighted by FMT, however, did not state why the application was dismissed.

Anwar’s lawyer Latheefa Koya confirmed that a letter was sent to the court on March 1, asking that her client’s application be considered.

The Federal Court will hear the Bar and AAS’s constitutional reference on March 14.

On Oct 10, the Bar filed an originating summons to question the validity of Raus Sharif and Zulkefli Ahmad Makinudin’s appointments as additional judges to remain in their current administrative posts.

The AAS filed a similar application on Dec 27.

On Nov 10, Anwar filed his application following a Federal Court decision by a three-man bench chaired by Zulkefli on Oct 27 which refused to allow him to be present in court to follow his civil case against the Election Commission.

The opposition leader claimed the bench was illegally constituted as Zulkefli’s appointment was unconstitutional.

Anwar also said the sitting was bad for want of a coram as a minimum of three judges was necessary to make a decision under Section 74 of the Courts of Judicature Act.

He said since the chairman was disqualified from sitting, the provision had not been complied with.

Anwar wants the decision to stop him from attending his case to be set aside and a fresh bench to be formed to re-hear his application to be present in court.

Anwar, who is serving a five-year jail term for sodomy, said Zulkefli’s appointment, both as an additional judge and his reappointment as Court of Appeal president, was against provisions in the Federal Constitution.

The government on July 7 last year announced that Raus would remain in office for another three years from Aug 4, while Zulkefli would remain in his post for another two years from Sept 28.

They were appointed as chief justice and Court of Appeal president on April 1 and scheduled to retire on Aug 3 and Sept 27 respectively, upon reaching the mandatory retirement age of 66 years and six months. -FMT