PUTRAJAYA – A Court of Appeal judge has recused himself from hearing an appeal brought by Datuk Seri Anwar Ibrahim over his suit to invalidate his conviction for sodomising former aide Mohd Saiful Bukhari Azlan.
Justice Datuk Seri Kamaludin Md Said said he decided to recuse himself because during his time with the Attorney-General’s Chambers, he handled several cases involving the opposition chief.
Anwar’s lawyer, Datuk Seri Gopal Sri Ram, brought to the attention of the appellate court’s three-member panel that Kamaludin previously disqualified himself from hearing the matter at the high court.
The judge said he was supposed to hear the case at the high court before it was transferred, and that he, as senior federal counsel, handled other cases involving Anwar.
The PKR president’s appeal against the high court decision on November 8, 2017 to allow the government’s bid to strike out his suit was scheduled to be heard today before the panel, comprising Kamaludin, Datuk Has Zanah Mehat and Datuk Ahmad Nafsy Yasin, via Zoom.
Senior federal counsel Suzana Atan appeared for the government, and lawyer Harvinderjit Singh, representing counsel Tan Sri Muhammad Shafee Abdullah, who was allowed to intervene in the appeal, said they are leaving the matter to the court to decide.
Kamaludin then instructed the appeal to be sent for case management today, to set a new appeal hearing date before another panel.
Lawyer J. Leela, also representing Anwar, told Bernama that Court of Appeal deputy registrar Nik Serene Nik Hashim fixed June 29 for the said hearing.
Anwar filed the originating summons on June 9, 2017, naming the government as defendant.
He said he did not get a fair trial in the appeal against his sodomy conviction.
He is also seeking a declaration that his conviction by the Court of Appeal on March 7, 2014 was ultra vires the federal constitution, and thus, null and void.
The Port Dickson MP also wants an order that the Federal Court’s decision to uphold the Court of Appeal’s ruling is ultra vires, and therefore, null and void.
In his affidavit, Anwar said Shafee received RM9.5 million from former prime minister Datuk Seri Najib Razak to lead the prosecution in the appeal over his sodomy conviction.
Anwar’s conviction and five-year jail term were upheld by the Federal Court, but he was granted a full pardon by the king on May 16, 2018. – Bernama, March 5, 2021
