PUTRAJAYA: The Court of Appeal has fixed March 5 to hear Anwar Ibrahim’s appeal against a High Court decision which struck out his suit relating to his conviction for sodomising a former aide.
Anwar’s counsel, J Leela, said the new date was fixed after lawyer Muhammad Shafee Abdullah, who was allowed to intervene in this case, successfully sought an adjournment pending the outcome of a related matter before the Federal Court.
“Anwar’s appeal was supposed to be heard two days ago (Nov 18) but Shafee wanted his application on refusal to expunge an affidavit made by a former attorney-general’s special task officer to be heard first,” she told FMT after case management today.
The apex court has scheduled to hear Shafee’s leave to appeal application on Jan 21.
On Nov 8, 2017, the High Court struck out Anwar’s originating summons on grounds that the case did not have any cause of action and was an abuse of the court process.
Anwar said the Court of Appeal’s decision in 2014 to convict him of sodomising Saiful Bukhari Azlan was carried out in an unconstitutional manner.
He claimed Shafee had received RM9.5 million from Najib Razak to lead the prosecution team in the Court of Appeal and Federal Court, beginning in 2013.
In the 2012 Sodomy 2 trial in the High Court, judge Mohamad Zabidin Diah found Anwar not guilty.
The Court of Appeal overturned the acquittal and sentenced him to five years’ imprisonment.
On Feb 10, 2015, the Federal Court affirmed the conviction and jail term. However, Anwar was given a full pardon by the Yang di-Pertuan Agong on May 16, 2018.
In early September 2018, Siti Rahayu Mohd Mumazaini, who served under former attorney-general Tommy Thomas, filed the affidavit to support Anwar’s appeal (now in the Court of Appeal) to revive his suit made against the government.
Siti Rahayu said the cheques were deposited into Shafee’s CIMB Bank account on Sept 13, 2013 and Feb 17, 2014.
On Nov 29, 2018, the Court of Appeal dismissed Shafee’s application to expunge Siti Rahayu’s affidavit and to cross-examine her.
The appellate court, however, allowed Shafee to intervene in Anwar’s appeal regarding his civil action against the government over the sodomy conviction.
