25 February 2010

Anwar loses review bid........

Anwar Ibrahim today lost his final legal challenge to procure key documents, including Mohd Saiful Bukhari Azlan's DNA specimen sample, before the commencement of his sodomy trial.

The Federal Court three-member panel led by Datuk Zulkefli Ahmad Makinuddin also made a unprecedented decision that Rule 137 of the Rules of the Federal Court did not confer jurisdiction to the Federal Court to review its own
decision. The other two judges were Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk Heliliah Yusof.

Zulkefli said Anwar's case was unsuitable for review because issues raised by Anwar in the review application were duly considered and dealt with by the previous panel of the Federal Court.

Anwar had sought to review the Federal Court's earlier decision which rejected his appeal pertaining to procurement of the documents to assist him in the preparation of his defence in the sodomy case. On Jan 29, the Federal Court ruled that Anwar could only have access to documents and materials pertaining to the charge at the pre-trial stage.

Among the key documents sought was recorded witness statements of the alleged victim, Mohd Saiful, the examination notes of Dr Osman Abdul Hamid from Pusrawi Hospital, the statements by condominium owner Hassanuddin Abdul Hamid, and those of the three doctors from Kuala Lumpur Hospital (KLH), a chemist's notes and medical reports and CCTV footage of the condominium at that time.

The High Court allowed Anwar access to some documents sought by him but its decision was overturned by the appellate court which allowed the prosecution's appeal. Anwar, 63, is charged with sodomising Mohd Saiful, 24, his former aide, at a condominium in Bukit Damansara, Kuala Lumpur on June 26, 2008.

source:malaysian digest

Not suprising.....biasalah mahkamah 1Malaysia..........

cheers.

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