AG should appeal

The father of the aide of the Opposition Leader who was sodomised by his Boss, Mohd. Saiful Bukhari Azlan asked that Attorney General should appeal against Justice Mohd. Zabidin Mat Diah’s decision of finding Anwar Ibrahim not guilty for sodomy charges on Monday.

11 January 2012 | last updated at 09:10pm

Mohd Saiful’s father wants appeal against Anwar’s acquittal

PETALING JAYA: Mohd Saiful Bukhari’s father Azlan Mohd Lazim today made a plea to the Attorney-General to file an appeal against Kuala Lumpur High Court’s decision to acquit and discharge opposition leader Datuk Seri Anwar Ibrahim from a sodomy charge.

Saiful's fatherMohd Saiful Bukhari’s father Azlan Mohd Lazim holds a press conference at his residence in Bandar Utama. — Chan Wai Yew

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“For the sake of my son, I plead to the AG to file an appeal. I hope the AG is not influenced by the Bar Council or any other parties to not file the appeal,” he told a press conference at his home in Bandar Utama here.

He was commenting on Bar Council president Lim Chee Wee’s statement suggesting that the AG should not appeal the High Court’s decision which was delivered on Monday (Jan 9).

Azlan, 58, said the Bar Council’s stand was seen as an erosion of a citizen’s constitutional right to appeal for justice to the highest level of the legal system.

“The Bar Council should be neutral in observing the carrying out of justice and not do the opposite,” he said.

Does the council’s stand represent all Malaysian lawyers or only certain politically inclined individuals in the council?” he asked.

Azlan further questioned the council’s failure to object to Anwar’s numerous appeals throughout the proceedings of the trial.

“This is the first time we want to appeal and we are told not to. Why the ‘double standard’?” he said.

“Is it because my son’s a nobody, not a VIP or politician, he’s right is denied just like that?” he added.

Azlan emphasised that as a father, he would carrying on fighting for justice for his son.

When asked about his son, he said,”Saiful’s okay, he’s now working in Kuala Lumpur.”   — BERNAMA

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Malaysian Bar Council was quick to ask the Attorney General (AG) not to appeal against the ruling but instead “Should focus on other serious crime cases”.

Don’t fight Sodomy II verdict, Bar tells A-G

By Debra Chong
January 09, 2012

Lim said enough public funds and resources had already been spent on the case. — File pic

KUALA LUMPUR, Jan 9 — Malaysian Bar president Lim Chee Wee today urged the Attorney-General (A-G) not to appeal against Datuk Seri Anwar Ibrahim’s sodomy acquittal and to instead focus on more serious crimes.

The Bar Council chief said the High Court had ruled fairly in the case, and based his decision on the principles of natural justice.

“The case has unnecessarily taken up judicial time and public funds,” he said in a statement today, adding the law “criminalises” sexual relations between two consenting adults.

Lim said the sodomy charge against the opposition leader was based on an “archaic” provision of the Penal Code and should never have been used.

This morning, trial judge Mohd Zabidin Mohd Diah ruled that the prosecution had not done enough to prove Anwar had committed sodomy against former aide Mohd Saiful Bukhari Azlan, 26.

He noted the lack of full disclosure, as well as the unreliability of both the DNA evidence presented and the prosecution team’s key witness, Saiful.

Anwar, 64, had been similarly indicted of sodomy over a decade ago and was found guilty. He spent six years in jail before being exonerated.

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The public should raise a lot of pertinent issues in this Bar Council President’s statement and comments to the case.

1. Would they proclaim “High Court had ruled fairly in the case” had the decision been otherwise?

2. The case took unnecessary judicial time and public funds because the defendant delayed the case more than 60 times with all sorts of drama, which include the attempt to recuse the trial judge twice

3. What does he mean and trying to imply that the provision in the Penal Code against unnatural sex is “Archaic”?

The Attorney General as the Public Prosecutor should appeal against the ruling. After all they were cock-sure of their case, especially when the judge decided the was prima facie on the case and called the defendant Anwar Ibrahim to defend himself.

It was made to understand that AG’s Chambers have had the standing instruction to appeal all cases where there is prima facie case and the defendants are asked to defend themselves. This case should not be any different, even though it is so high profile and a very high political connotation is attached to it. In the name of justice, all avenues must be sought.

In Bullettn Utama TV3 tonight, Solicitor General II Dato’ Mohd. Yusof Zainal Abiden admitted that his team is ready to go for the appeal to the ruling. Now it is up to AG Tan Sri Gani Patail to decide. The anxiety game, has just been re-activated.

Published in: on January 11, 2012 at 21:14  Comments (15)