Manipulating God’s law for personal politics

The Malaysian society at large is getting quite lethargic on individuals manipulating religion and God’s law, for the purpose of their own personal politics despite any attempts to undo either through legal means or perception have exhaustively reach a granite stone wall.

Pro-Anwarista news portal Malaysiakini story:

11:28AM Jun 26, 2015
By Radzi Razak

Anwar files qazaf report against lawyer Shafee

 

Jailed opposition leader Anwar Ibrahim has filed a qazaf report against senior lawyer Muhammad Shafee Abdullah who led the Sodomy II prosecution against him.

Anwar’s wife Dr Wan Azizah Wan Ismail lodged a report at Selangor Islamic Department (Jais) on Anwar’s behalf today, since he was not allowed to leave the prison.

“This report is made based on Shafee’s accusation that Anwar performed sodomy, without producing four witnesses as demanded by the law,” Wan Azizah told reporters in Shah Alam today.

Qazaf is defined as the wrongful accusation of adultery or homosexuality against a Muslim man or woman, without producing four witnesses as required under syariah law.

****************

On 10 February 2015, Federal Court upheld a lower court decision of then Opposition Leader Anwar Ibrahim guilty under Section 377B Penal Code for sodomising political aide Mohd. Saiful Bukhari Azlan in June 2008.

The case was exhaustive when it was rejected for a Royal Pardon by Pardons Board and Anwar had to serve the five years jail term. He was spared the whipping because of his age at the time of sentencing.

The oldest English daily story:

Anwar’s pardon bid rejected, Putrajaya confirms

BY SHAUN TAN

Wednesday April 1, 2015
10:01 AM GMT+8

 

KUALA LUMPUR, April 1 — The Pardons Board has rejected Opposition Leader Datuk Seri Anwar Ibrahim’s petition for a royal pardon, a senior government lawyer confirmed to the High Court today.

Senior federal counsel Amarjeet Singh today supplied an affidavit from the board and a letter from the Attorney-General’s Chambers to support his notice last week to the High Court hearing Anwar’s application for a judicial review of his imprisonment, prompting the judge to dismiss the bid.

“On 16 March 2015, the Pardons Board rejected Anwar’s application for pardon, and since the (forfeiture) of his position of MP takes effect immediately under the Federal Constitution, there is no basis for the (judicial review) application to proceed, and it has been dismissed by the court,” Amarjeet said.

The rejection effectively invokes Anwar’s disqualification as Permatang Pauh MP and federal opposition leader due to his five-year sentence for sodomy, which had been stayed pending the disposal of his petition.

It will also force the Pakatan Rakyat pact that Anwar heads to confront the complicated task of electing a new opposition leader in his stead, during a time when allies DAP and PAS are openly hostile towards each other over disagreements on hudud and other issues.

Anwar’s lawyers refused to accept dismissal, however, saying that they not received official notice on it from the Agong.

Lawyer Latheefa Koya insisted that the only indication of the rejection was the documents supplied by Amarjeet, which she said did not clearly state that the Yang di-Pertuan Agong has decided on the petition.

“When we met Anwar on Monday, neither he nor his family had received any decision from the Pardons Board,” said Latheefa Koya, one of Anwar’s lawyers.

She added that they will proceed in appealing the High Court’s dismissal of the judicial review bid under the assumption that Anwar’s petition remains pending.

When asked how the Secretariat of the Pardons Board could provide the affidavit conveying the dismissal if a decision had not been made, Latheefa said she did not know.

Datuk Seri Anwar Ibrahim’s petition seeking a royal pardon has been rejected, his lawyers said today. — Picture by Choo Choy May
Datuk Seri Anwar Ibrahim’s petition seeking a royal pardon has been rejected, his lawyers said today. — Picture by Choo Choy May
On February 10, the Federal Court upheld the Court of Appeal’s 2014 ruling that had reversed Anwar’s acquittal of sodomising former aide Mohd Saiful Bukhari Azlan, also sentencing him to five years’ jail.

On February 24, Anwar’s family sent a request for a royal pardon to delay his disqualification from his Permatang Pauh seat. They also applied to the Prison Commissioner to give Anwar leave to attend Parliament.

However, they received a letter on March 4 from the Prisons Commissioner rejecting their application, prompting the decision to seek judicial review.

– See more at: http://www.themalaymailonline.com/malaysia/article/anwar-denied-royal-pardon-say-lawyers#sthash.mq7J1kSq.dpuf

*******************

Now he wants to the courts to review the decision to reject the Royal Pardon petition.

The oldest English daily story:

Anwar seeks review of rejected royal pardon petition

BY MAYURI MEI LIN

Wednesday June 24, 2015
12:51 PM GMT+8
KUALA LUMPUR, June 24 ― Jailed leader Datuk Seri Anwar Ibrahim today filed a judicial review of the Pardons Board’s rejection of his royal pardon petition, claiming there was conflict of interest in Attorney-General (AG) Tan Sri Abdul Gani Patail’s presence during the board’s disposal of the application.

His lawyer N. Surendran said the judicial review seeks to have the boar reexamine Anwar’s petition but without the presence of the AG, who his client deems to no longer be a neutral party.

“The AG is an interested party, he’s been the subject of many of Anwar’s police reports so how can he sit in any board that disposes of Anwar’s rights?” Surendran said after filing for the judicial review at the Kuala Lumpur High Court today.

He added that even former prime minister Tun Abdullah Ahmad Badawi had during his tenure said that the AG would not be involved in any proceedings involving Anwar due to the many reports lodged by the opposition leader against the country’s top lawyer.

“But now suddenly he’s (AG) sitting in the Pardons Board deliberation, it’s an inconsistent position,” Surendran said.

Lawyer Latheefa Koya added that Anwar’s family had never received a formal notification of the rejection of the royal pardon, which “creates suspicion” about the Pardons Board’s proceedings.

“Until today, the so-called decision of the Pardons Board has never been communicated to the family or even to Anwar Ibrahim. How we got to know of the decision was indirectly through our application to secure Anwar Ibrahim’s attendance to Parliament.

“The other thing is the decision was made on March 16 and that is the date when Anwar made the application to secure his attendance to Parliament, and the decision was only informed 10 days later on March 27 through that affidavit.

“All this creates suspicion as to what happens on the Pardons Board,” she said.

On February 24, Anwar’s family sent a request for a royal pardon on his conviction and avoid his disqualification from his Permatang Pauh seat. But on April 1, the government’s lawyers said that the Pardons Board had on March 16 rejected Anwar’s petition.

Following the decision by the Pardons Board, Anwar was disqualified as the Permatang Pauh MP, the seat which his wife Datuk Seri Dr Wan Azizah Wan Ismail later won in the March 8 by-election.

Anwar’s lawyers on April 30 also applied for a fresh Federal Court panel to review its February 10 decision to uphold a conviction and sentence him to five-years’ jail for sodomising his former political aide Mohd Saiful Bukhari Azlan.

Later on June 10, Anwar’s lawyers filed an application to have the Federal Court hear retired senior police officer Datuk Ramli Yusuff’s testimony to the alleged conspiracy to cover up the infamous “Black Eye” incident during his detention before his first sodomy trial, or “Sodomy I.”

Anwar’s legal counsel applied to have this case heard ahead of its review of Anwar’s conviction in his second sodomy case also referred to as “Sodomy II”.

– See more at: http://www.themalaymailonline.com/malaysia/article/anwar-seeks-review-of-rejected-royal-pardon-petition#sthash.9GFeRc7I.dpuf

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All the while, ever since he was charged back in August 2008 for sodomising Saiful under Section 377B of the Penal Code, Anwar had been trying his best to delay, deflect, postpone, attack the testimonies, evidence and even recuse the trial judge.

Now all of that has finally over and he no longer can reverse the fact that the Federal Court of Malaysia found him guilty and he is convicted for his hedious crime and immoral habit, he is trying to use the Syariah Court instead as a political circus.

He is now accusing the lawyer who represented the Public Prosecutor Tan Sri Muhamad Shafee Abdullah in obtaining the conviction under Section 377B of the Penal Code, of committing Qazaf.

Published in: on June 26, 2015 at 12:30  Comments (5)  

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5 CommentsLeave a comment

  1. On a subject such as Anwarul Al Juburi (pangkat Mat Sabu beri – that’s to remind some readers who may not be familiar with the auspicious and glorious title), there sure would be a lot of common grounds between many of the regular commenters in here and BD.

    As far as I’m concerned Anwar is a menace to Malaysian society, out to disrupt the status quo in many respects and to destabilize the country. So, I would wish that he loses all the cases brought against him, or brought by him, on-going and/or in the future.

    The Attorney General is clearly a Member of the Pardons Board. Heck, the Pardons Board, by its constitution and modus operandi, has to go through a report – which invariably contains a recommendation – prepared by the AG first. So what utter nonsense to ask for the board to re-examine Anwar’s petition without the presence of the AG.

    What provision of the law does that come under, pray tell. Anwar not understanding the law is one thing, but his lawyers?

  2. Whatever court that is available in the country, he will try and file papers, eh?

    Pity, he failed in trying to put up a kangaroo court, so-called Malaysian Spring etc before. But then, Malaysians won’t allow him to do that.

  3. Former MB NS and Federal Minister Rais Yatim, who qualified with a PhD in Constitutional from London University, had said that the YDP Agong has he prerogative of not calling the Pardons Board to meet on the application for pardon.

    So why is Latheefa Koya talking about being informed of the result of their last application and what not?

  4. Having exhausted all legal avenues according to civil law where he lost his Sodomy II case, Anwar is now trying Islamic law presumably for vengeance and to get his mind occupied and diverted from the boredom of prison life.

    But the position of the Syariah court vis a vis the civil court has been contentious, as the following c&p shows:.

    Article 121(1A) was introduced into the Federal Constitution to prevent conflict of jurisdiction between the civil court and the Syariah court.

    Article 121 establishes the High Court, the Court of Appeal and the Federal Court and recognised such inferior courts as may be prescribed by law. Article 121(1A), however, merely excludes the jurisdiction of the High Court in respect of any matter within the jurisdiction of the Syariah court.

    Article 121(1A) neither establishes nor confers jurisdiction on the Syariah court. The Syariah court can only have jurisdiction if expressly conferred by State law within the constraints of Islamic law matters mentioned in the State List. Wonder how the Qazaf report would fit in.

    In the absence of jurisdiction being conferred on the Syariah court in respect of any matter, such matter would fall within the jurisdiction of the High Court and the subordinate courts.

    It’s quite confusing and one wonders if Anwar will succeed in getting TS Shafee Abdullah declared as committing Qazaf as alleged.

  5. Only in Malaysia, where the guilty can demand then blamed the authority for not pardoning him for his crime.

    He need all the publicity he can get, at the very least to keep reminding peoples that there is this “creature” out there (in a cage actually – for good reason) named Anwar.


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