The refusal by the authorities to let Anwar Ibrahim consult his lawyers when initially detained in 1998 led to the loss of a fair trial and resulted in a miscarriage of justice for him, lead defence counsel for the ex-deputy prime minister told the Federal Court today.

Anwar was never given enough time to see his lawyers, therefore, the possibility of a fair trial was lost and in circumstances like these there was a definite miscarriage of justice, said Sulaiman Abdullah.

The former deputy premier was arrested on Sept 20, 1998 and held under the Internal Security Act for 24 days. He is currently serving a 15-year jail term for abuse of power and sodomy.

Today is the fourth day of Anwars appeal before a three-man panel chaired by Chief Justice Mohamed Dzaiddin Abdullah. The case is adjourned to March 25 after one of Anwars lawyers, Christopher Fernando, said his submission may take more than a day to present.

One week has been set aside from that date for the continuance of submissions.

Sulaiman argued that the miscarriage of justice done on Anwar had been further aggravated by the fact that 10 witnesses produced by the defence for his High Court trial were not allowed to testify.

Tainted evidence

Sulaiman also submitted that Anwar had never directed police Special Branch officers to retract the statements made by Azizan Abu Bakar and Ummi Hafilda Ali alleging him (Anwar) of sexual misconduct.

It is normal for Anwar, who was then deputy premier and finance minister, to meet with Special Branch personnel. The SB would usually meet with senior ministers to keep them updated on issues of national security, said Sulaiman.

However, when Special Branch officers Mohd Said Awang and Amir Junus brought up the allegations of sexual misconduct before the then deputy prime minister, Sulaiman said Anwar had never ordered them to turn-over or neutralise both Azizan and Ummi

Anwar is appealing against a six-year jail sentence imposed by the High Court in April 1999 after he was found guilty of abusing his powers by directing police to obtain a retraction from Azizan and Umni over their allegations of his sexual misconduct.

This is the last opportunity for justice to be done to Anwar who has been convicted of very serious charges based on tainted evidence, Sulaiman said.

A good case

The other two judges on the bench are Chief Judge of the High Courts of Sabah and Sarawak Steve Shim Lip Kiong and Federal Court judge Haidar Mohd Noor.

Sulaiman is being assisted by Raja Aziz Addruse, Sankara Nair, Zainur Zakaria, Gurbachan Singh, Pawancheek Merican, Kamar Ainiah Kamaruzaman, Zulkifli Noordin and Fernando.

Attorney-General Abdul Gani Patail is heading the prosecution assisted by deputy public prosecutors Azahar Mohamad, Mohd Yusof Zainal Abiden, Tun Majid Hamzah, Nordin Hassan and Shamsul Sulaiman

In a brief exchange with reporters after the trial, Anwar who appeared in court in a neck and back brace, said he hoped his appeal would be allowed.

Very good. Going by the principles of law, I am pretty convinced that I have a good case, he said when replying to a question on how he felt about his prospects.

Later, a crowd of about 50 supporters gathered at the back of the Federal Court building and shouted reformasi and words of support for Anwar. They gathered for 15 minutes before dispersing peacefully.

The situation was balefully monitored by some 30 riot policemen.