Munawar's case postponed
Hafiz YatimPublished: Jan 5, 2009 5:38 AM | Updated: Jan 5, 2009 9:48 AM
The revision sought by Munawar A Anees against his sodomy conviction was postponed in the Court of Appeal to enable his legal team to study the grounds of judgment by the Federal Court.
The revision sought by Munawar A Anees against his sodomy conviction was postponed in the Court of Appeal to enable his legal team to study the grounds of judgment by the Federal Court.
Counsel Americk Singh told judge James Foong that he needs more time to study the written judgment which was only made available by the Federal Court at the end of last month.
The apex court had delivered an oral decision on Oct 30, dismissing the application for a review of Munawar’s conviction and six-month jail sentence.
Deputy public prosecutor Eddie Yeo did not object to the postponement. However, no date was set by the three-member bench which also comprised Abdul Malik Ishak and Abdull Hamid Embong.
Munawar, who was in court today, had been Anwar Ibrahim’s speech writer during the latter’s tenure as deputy premier up to September 1998.
The Pakistani-American had pleaded guilty at the Sessions Court on Sept 19, 1998, for allowing Anwar to sodomise him at the latter's home in Jalan Setia Murni, Bukit Damansara, in March 1993.
Federal Court judge Zulkefli Ahmad Makinuddin, who sat with Chief Justice Zaki Azmi and Nik Hashim Nik Ab Rahman, had listed two reasons for dismissing the revision application.
Zulkefli said the judges were of the view that since Munawar's case originated from the Sessions Court, the High Court had heard the case in its appellate capacity.
He also ruled that Munawar's absence during the appeal process in the High Court had been detrimental to his case.
Furthermore, Zulkefli said the High Court judge had reviewed the records of appeal and there was nothing to show that the proceedings before the Sessions Court were not in accordance with any procedure.
Azmin’s case on Wednesday
In a separate development, another three-member panel at the Court of Appeal fixed Wednesday to hear the prosecution's appeal against the acquittal of Gombak MP Azmin Ali for perjury.
Azmin, who is also the Bukit Antarabangsa assemblyperson, was sentenced to 18 months’ jail after Sessions Court judge Akhtar Tahir found him guilty of making a false statement while testifying at Anwar’s corruption trial on March 9, 1999.
Under the constitution, a state assemblyperson or member of Parliament can be disqualified if he or she is fined more than RM2,000 by a court of law or jailed for more than a year.
Azmin, who was private secretary to then deputy premier Anwar, was initially acquitted and discharged by Sessions Court judge Hamdan Indah on July 13, 1999. However, High Court judge Abdul Wahab Patail ordered Azmin to enter his defence.
On appeal against the conviction, High Court judge Abdul Kadir Musa ruled on Nov 1, 2007, that he was in agreement with Hamdan in acquitting Azmin.
Counsel Americk Singh told judge James Foong that he needs more time to study the written judgment which was only made available by the Federal Court at the end of last month.
The apex court had delivered an oral decision on Oct 30, dismissing the application for a review of Munawar’s conviction and six-month jail sentence.
Deputy public prosecutor Eddie Yeo did not object to the postponement. However, no date was set by the three-member bench which also comprised Abdul Malik Ishak and Abdull Hamid Embong.
Munawar, who was in court today, had been Anwar Ibrahim’s speech writer during the latter’s tenure as deputy premier up to September 1998.The Pakistani-American had pleaded guilty at the Sessions Court on Sept 19, 1998, for allowing Anwar to sodomise him at the latter's home in Jalan Setia Murni, Bukit Damansara, in March 1993.
Federal Court judge Zulkefli Ahmad Makinuddin, who sat with Chief Justice Zaki Azmi and Nik Hashim Nik Ab Rahman, had listed two reasons for dismissing the revision application.
Zulkefli said the judges were of the view that since Munawar's case originated from the Sessions Court, the High Court had heard the case in its appellate capacity.
He also ruled that Munawar's absence during the appeal process in the High Court had been detrimental to his case.
Furthermore, Zulkefli said the High Court judge had reviewed the records of appeal and there was nothing to show that the proceedings before the Sessions Court were not in accordance with any procedure.
Azmin’s case on Wednesday
In a separate development, another three-member panel at the Court of Appeal fixed Wednesday to hear the prosecution's appeal against the acquittal of Gombak MP Azmin Ali for perjury.
Azmin, who is also the Bukit Antarabangsa assemblyperson, was sentenced to 18 months’ jail after Sessions Court judge Akhtar Tahir found him guilty of making a false statement while testifying at Anwar’s corruption trial on March 9, 1999.Under the constitution, a state assemblyperson or member of Parliament can be disqualified if he or she is fined more than RM2,000 by a court of law or jailed for more than a year.
Azmin, who was private secretary to then deputy premier Anwar, was initially acquitted and discharged by Sessions Court judge Hamdan Indah on July 13, 1999. However, High Court judge Abdul Wahab Patail ordered Azmin to enter his defence.
On appeal against the conviction, High Court judge Abdul Kadir Musa ruled on Nov 1, 2007, that he was in agreement with Hamdan in acquitting Azmin.
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