Judge recuses herself from hearing Anwar's pardon case

Kuala Lumpur: High Court Judge Datuk Asmabi Mohamad on Tuesday recused herself from hearing an application by former Opposition leader Datuk Seri Anwar Ibrahim for leave for a judicial review to challenge the Pardons Board's dismissal of his petition over his sodomy conviction. Asmabi made the decision in chambers after hearing submissions by lawyers Latheefa Koya and Shahid Adli Kamarudin, representing Anwar, his wife Datin Seri Dr Wan Azizah Wan Ismail and their daughters, Nurul Izzah and Nurul Nuha.

Senior federal counsel Suzana Atan acted on behalf of the Pardons Board, the Attorney-General and the Government.

Latheefa, when met by reporters, said Asmabi was recusing herself from hearing the matter following an application by Anwar for her recusal on grounds of "real danger of bias" if she was to hear the judicial review application.

She said this was on the grounds that Asmabi was the senior federal counsel representing the Government in a suit filed by Anwar against the Prime Minister over his sacking from the Cabinet in 1998.

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Following which, Latheefa said the case would be heard before another judge and the date for mention of the case to be fixed later.

On June 24, Anwar, Dr Wan Azizah and their daughters filed the leave application to quash the decision of the board on March 16 and to compel it to advise the Yang di-Pertuan Agong to pardon and release him.

They also sought a mandamus order to compel the board to reconvene a meeting and consider all materials relating to the petition for a royal pardon.

Anwar, 67, in his supporting affidavit, claimed that the decision made by the board was in breach of the rules of natural justice and therefore void.

He is serving a five-year jail term at the Sungai Buloh Prison after the Federal Court on Feb 10 upheld his conviction and sentence for sodomising his former aide, Mohd Saiful Bukhari Azlan, in 2008.

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Meanwhile, Latheefa said Asmabi also recused herself from hearing an originating summons by Anwar against the Election Commission and two others for not allowing him to vote in the Permatang Pauh by-election last May 7.

Following which, hearing of the case, which was fixed today (Wednesday) before Asmabi, had been vacated, she added.

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