Hearing into Anwar Ibrahim's Sodomy II conviction review application began in the Federal Court in Putrajaya today, nine months after he started serving his five-year jail term, with his lawyers continuing to cry the conviction as a political conspiracy.
Senior lawyer and former Federal Court judge Gopal Sri Ram submitted, in his argument to call former top cop Ramli Yusof to testify as a witness, that three key players in the Sodomy I case were also at play in Sodomy II.
Gopal named the three as former inspector-general of police Musa Hassan, former attorney-general Abdul Gani Patail and former senior assistant commissioner I Mohd Rodwan Ismail (who then was Najib’s aide de camp).
Musa was the investigating officer in Sodomy I, while Gani was part of the prosecution team and Rodwan was the person who brought in the mattress, allegedly containing Anwar's DNA, in the Sodomy I case in 1998.
Gopal said Ramli's evidence came to light on May 27 this year when the former Commercial Crime Investigations Department director testified in Rosli Dahlan's suit against the Malaysian Anti-Corruption Commission and others in what is known as the ‘Copgate’ affair.
Ramli (photo) testified last May that he did not want to conspire with Musa and Gani to fabricate evidence in the black eye incident of 1998, which arose after former IGP Abdul Rahim Noor hit Anwar.
"I refused to do it as they (Musa and Gani) told me to lodge a police report that Anwar inflicted the injuries on his own.
"I told Musa and Gani off as they were also on the 30th floor of Bukit Aman on the night Anwar was assaulted and that I would not lodge the police report," Ramli testified, adding that he also warned the investigator of the black-eye incident, Mat Zain Ibrahim, to be careful of Musa and the possibility of evidence being fabricated.
Gopal said this evidence was not there before for the defence to prove the long-standing fact of political conspiracy against the applicant (Anwar).
Anwar's Sodomy II appeal was heard between October and November last year. The decision was made by a five-member bench of the Federal Court, led by Chief Justice Arifin Zakaria, who read out the judgment upholding Anwar's conviction and jail sentence on Feb 10 this year.
Gopal (photo), a retired Federal Court judge, said Anwar is considered the biggest political threat to the present prime minister (Najib Abdul Razak).
"My client has been victimised as he is a well known politician and in this case, the complainant (Mohd Saiful Bukhari Azlan) had met with him (Najib)
"He also called Musa and met with Rodwan (at a hotel) before the alleged sodomy incident. Gani was also involved as he had apply to transfer the case from the Sessions Court to the High Court in Kuala Lumpur.
"Gani was also involved in appointing Shafee (Muhammad Shafee Abdullah) as the prosecutor," Gopal said.
This showed that the three who were involved in the Sodomy I case also played a role in the Sodomy II charge and in the claim of political conspiracy, the lawyer said.
If there is any rebuttal to Ramli's evidence, Gopal said, then Gani should have filed an affidavit for this purpose but he did not. In this application, the affidavit was only filed by DPP Mohd Hanafiah Zakaria.
This is just hearsay, says prosecution
DPP Hanafiah said what Ramli had said was merely hearsay, as what he related was based on what Musa had allegedly told him.
"What Ramli said is based on hearsay evidence, as what he alleges is that (the late AG) Mohtar Abdullah and Gani had asked him (to lodge a report claiming Anwar injured himself) and that he was only informed of this by Musa.
"This evidence is based on hearsay and there is no need to call Gani to make an affidavit," Hanafiah said.
To this, Chief Judge of Sabah and Sarawak Justice Richard Malanjum said it is Musa who should be the one making the affidavit, to which Hanafiah agreed.
However, Hanafiah told the apex court that he had dealt the case from the start and there was no involvement by Musa in the Sodomy II case.
The DPP further said no fresh evidence has been adduced with regard to Sodomy II and that similar evidence was adduced from Mat Zain during the earlier hearing before the Court of Appeal, but this was not taken up by the defence.
At the Court of Appeal, it was made through an affidavit by Mat Zain to disqualify Shafee," he said.
This information was available then, and the issue of it being given zero weight then, so why bring up the issue again, Hanafiah asked, adding that the argument that the 2008 incident involved political conspiracy was too remote.
"Musa was not involved in the 2008 investigations. I have personal knowledge as I was involved from the start of the prosecution," Hanafiah said.
Gopal then argued that the court had the inherent jurisdiction, under Rule 137, to call Ramli and to ensure justice in this case as this was not a trivial issue.
Chief Judge of Malaya Zulkefli Ahmad Makinudin said the five-member bench would deliver its decision on this issue at a yet to be determined date.
The five-member bench led by Justice Zulkefli and Malanjum, along with Federal Court judges Hasan Lah, Abu Samah Nordin and Zaharah Ibrahim, are likely to hear the review application as the other Federal Court judges were involved in hearing and ruling on Anwar's appeal against the Court of Appeal conviction of him for sodomising Saiful Bukhari.- mk
TERKINI
KEPUTUSAN PENGUNDIAN BAJET2016...
128 ahli parlimen menyokong (kiraan tidak rasmi):
127 dari BN
1 anggota bebas Tan Sri Khalid Ibrahim
74 ahli parlimen menolak (kiraan tidak rasmi):
Kesemua 30 PKR hadir dan menolak
35 DAP hadir dan menolak, 1 digantung (Gelang Patah) dan 1 tidak hadir
Kesemua 6 AMANAH hadir dan menolak
3 PAS menolak
Dari 14 ahli parlimen PAS, dilaporkan:
4 tidak hadir, termasuk Hadi Awang
7 hadir dan berkecuali
3 hadir dan menolak
Najib Razak masih kekal Perdana Menteri setakat ini...
Hadi halang DAP kuasai bandar untuk halal arak,judi...
Presiden PAS Datuk Seri Abdul Hadi Awang berkata parti itu menentang DAP memperkenalkan pilihan raya pihak berkuasa tempatan kerana tidak mahu kaum CIna menguasai kawasan bandar.
"Kita halang DAP daripada pemilihan perbandaran, (kerana) orang Cina akan kuasai bandar.
"Kita takkan benar (kawasan) bandar dikuasai oleh DAP, (yang) menghalalkan arak dan judi kepada orang Islam. Itu jawapannya, senang," katanya.
Beliau mengulas kenyataan Setiausaha Agung DAP Lim Guan Eng bahawa DAP perlu kekal di kerajaan Selangor bagi memastikan PAS "tidak buat jahat" dan menghalang parti Islam itu melaksanakan "dasar yang tidak baik" kepada rakyat Selangor.
Malah sebelum hubungan PAS dan DAP terputus, mereka sudah berbeza pandangan cadangan DAP mengenai pilihan raya kerajaan tempatan.
Hadi kemudiannya memberi amaran bahawa pilihan raya kerajaan tempatan boleh membawa kepada rusuhan kaum, seperti rusuhan 13 Mei 1969.
Sementara itu, Hadi turut ditanya sama ada PAS masih berharap untuk menasihati kerajaan BN.
"Kita dalam Parlimen menasihati kerajaan. (Secara) rasmi atau tidak rasmi, berucap dalam Parlimen, (nasihat secara) rasmilah tu," katanya.
Hadi berkata pembangkang tidak harus terkongkong dan membantah semua apa yang kerajaan katakan.
"Kita adalah pembangkang yang menasihat," katanya. - mk
Tumpang Sekole - Beranikah Tuan Haji Hadi pujuk Najib mansuhkan lesen arak dan judi dan tutup kilang2 arak serta pusat2 judi yang ada di Malaysia hari ini? Tahukah Tn.Haji hampir separuh lesen2 judi dan arak ini dilaksanakan secara Ali Baba,guna nama pemimpin2 utama UMNO dan premis tempat judi dan arak itu juga setengahnya di milikki pemimpin2 UMNO? Kalu Najib akur dengan permintaan Tn.Haji, saya memang tabik hormat tuan. Dan tak perlu susah payah Tn.Haji halang DAP pasai masalah itu...
Hadi: PAS foiling DAP from turning cities into gambling, alcohol dens....
“We will prevent DAP from holding local council elections, (because) the Chinese will conquer cities.
“We will not allow cities to be controlled by DAP, allowing alcohol and gambling to Muslims,” he said.
Hadi was responding to DAP secretary-general Lim Guan Eng who said that DAP needs to remain in the Selangor state government to ensure that PAS would not be up to mischief.
Lim had rationalised that DAP’s existence in the Selangor state government was needed so that PAS does not implement bad policies, just like how it has done so in Kelantan.
Racial riots
Even before PAS and DAP cut their ties, they were already butting heads on the matter of DAP’s proposed local council elections.
Hadi then had warned that having local council elections could lead to racial riots, like May 13 riots of 1969.
Meanwhile, Hadi was also asked whether PAS still harboured hopes to advise the BN-led government.
“We do so in Parliament. Be it officially or not, speaking in Parliament is considered as advising them," he said.
Hadi said the opposition should not be too rigid and oppose anything that the government says.
“We are an opposition which advises,” he said.- mk
Anonymous_4031c - Can someone take this guy for a tour around Malaysia. Lets start with Genting. Who allowed its existence. Not enough. Let's talk about the breweries in Malaysia. Who allowed its existence. They exist not because BN allowed it but because Malaysia is a secular country and Hadi's idea of an Islamic State doesn't sit well with the Federal Consitution. People like Hadi is not the future of Malaysia.
Anonymous_1371547149 - First he denies that he is in cahoots with UMNO. But his lying face tells it all. Now he has turned to scaremongering. A desperate man who is running out of ammunition. Very soon he will say it is better for Muslims to be controlled by ISIS than by their DAP.
SERUPA TAPI TAK SAMA...
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