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Jail sentence for sodomy: Anwar to file petition of appeal soon BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Jail sentence for sodomy: Anwar to file petition of appeal soon

Posted: 23 Apr 2014 09:38 AM PDT

KUALA LUMPUR: Datuk Seri Anwar Ibrahim will file a petition of appeal over his five-year jail sentence for sodomy as the deadline expires today.

Zaleha Al-Hayat, who is co-counsel for Anwar, told the media that the defence would file the petition at the Federal Court registry.

Ramkarpal Singh, who is also Anwar's counsel, is preparing the petition, together with the grounds of the appeal.

Zaleha said the legal firm, Karpal & Co on Tuesday sent a letter to the Federal Court registry, asking for a two-week extension of time to file the petition because of the death of lead counsel, the late Karpal Singh last Thursday.

However, she said the court had directed them to file a notice of motion for extension time, instead of sending a letter to the court.

"It's a risk to file the motion as there has been a lapse of time, so we will file the petition before the date of expiry," she said.

Zaleha said the defence had 10 days to file the petition of appeal after the firm received the written grounds of judgment from the court on April 14.

She also said senior lawyer Datuk Sulaiman Abdullah, who was previously lead counsel for Anwar in the sodomy case, would once again join the defence to replace the late Karpal Singh.

On July 15, 2009, when the case was called up at the High Court, Sulaiman had discharged himself from representing Anwar on the grounds of ill health.

On March 7, this year, the Court of Appeal overturned the High Court's Jan 9, 2012 decision which acquitted Anwar on the charge of sodomising his former aide, Mohd Saiful Bukhari Azlan, 26, at a Desa Damansara condominium unit in Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

However, the court allowed a stay of execution on the Court of Appeal's decision, pending an appeal to the Federal Court and granted Anwar bail of RM10,000. — Bernama

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Court rubbishes reports it rejected Anwar’s request for time extension

Posted: 23 Apr 2014 09:35 AM PDT

PUTRAJAYA: News portal reports saying that the Federal Court had rejected Datuk Seri Anwar Ibrahim's application for an extension of time to file a petition of appeal over his five-year jail sentence for sodomy is totally incorrect, as the court never heard the application.

Head of Corporate Communication and International Relations of the Federal Court, Aizuddin Mohd Zolkeply explained there was neither an application nor a hearing on the matter at the Federal Court yesterday.

"So, the reports which stated that the Federal Court had rejected a case of Datuk Seri Anwar Ibrahim is totally incorrect," he told Bernama when contacted yesterday.

According to one of the news portal reports, the Federal Court had rejected Anwar's application to file the petition of appeal, following the death of Anwar's lead counsel, the late Karpal Singh.

Aizuddin said the registry of the Federal Court had received a letter dated April 22 from Messrs Karpal Singh & Company, seeking an extension of time to file the petition of appeal in the Federal Court as the deadline for filing was on April 24.

"Reasons given that YB Karpal Singh had died on April 17, and a second lawyer, who is his son, Ramkarpal Singh, is still mourning the death of his father," he added.

He said the deputy registrar had informed Zaleha Al-Hayat, who was also Anwar's counsel, through a phone call that the defence must include a notice of motion for extension of time application.

Aizuddin noted that any request for extension of time should be made ​by notice of motion and heard before a judge.

"A deputy registrar shall not grant any extension of time, only with permission through a letter. Furthermore, a deputy registrar does not have jurisdiction to hear any notice of motion or any application filed in the Federal Court as set out in the Federal Court Rules 1995," he said.

On the extension of time, Aizuddin explained that the court had jurisdiction to grant leave after hearing the reasons argued by the applicant's counsel.

He further said it was quite common that sometimes lawyers filed a notice of extension of time to file the petition of appeal on certain reasons and the court allowed the application. — Bernama

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High Court adjourns Tuhan Harun’s case to May 8

Posted: 23 Apr 2014 09:32 AM PDT

KUANTAN: The High Court adjourns to May 8 the trial of Tuhan Harun sect leader Harun Mat Saat, 48, and five of his followers in connection with the murder of Pahang Islamic Religious Department (Jaip) principal assistant director Ahmad Raffli Abd Malek.

Judge Datuk Ab Karim Ab Rahman made the postponement after the prosecution, led by deputy public prosecutor Khamizah Salleh did not submit any application to the court to have the trial heard simulaneously for Harun and his five followers, including his third wife.

As such, Ab Karim ordered Khamizah to submit the prosecution's application to the court first.

On March 20, the court rejected the application submitted by their counsel Hermes Media Putra Ibrahim to release Harun and his five followers with bail on health grounds.

Harun, and his third wife, Azida Mohd Zol, 31, Harun's driver, Shaizral Eddie Nizam Shaari, 38, and Jefferi Safar, 37, are charged with criminal conspiracy which led to Ahmad Raffli's murder.

Sumustapha Suradi, 39, Shamsinar Abdul Halim, 37, and another still at large are charged with murdering Ahmad Raffli at Lorong IM2/29, Bandar Indera Mahkota, here last November 10.

All accused faced the death penalty upon conviction. — Bernama

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Former Miss Malaysia’s divorce case remitted to KL High Court, application for stay dismissed

Posted: 22 Apr 2014 09:31 AM PDT

PUTRAJAYA: A former Miss Malaysia yesterday failed to stay a court ruling which allowed her estranged billionaire husband, Tan Sri Khoo Kay Peng to hear their divorce petition in a Malaysian civil court.

A Court of Appeal panel headed by Datuk Mohamad Ariff Md Yusof dismissed the appeal by Pauline Chai Siew Phin to stay a Kuala Lumpur High Court's ruling on Dec 11, last year allowing Khoo's application not to dispense their marriage to a marriage tribunal in London.

Also on the panel were justices Datuk Mah Weng Kwai and Datuk David Wong Dak Wah.

However, the panel ordered the case to be remitted back to the Kuala Lumpur High Court to decide on the issue of domicile of both parties (Chai and Khoo).

It was also ordered that the High Court was to decide on the juridisction of which court could hear the divorce case.

Wong, who read an oral judgment, also ordered the two issues to be decided by a new judge of the High Court.

He said the panel was of the view that the High Court judge who heard Khoo's application was in error in her decision over the issue of domicile as there were too many disputes over the facts.

On Dec 11 last year, Family Court judge Datuk Noraini Abdul Rahman allowed Khoo's application not to dispense their marriage to a marriage tribunal in London.

Dissatisfied with the ruling, Chai, 67, who was Miss Malaysia/International 1969, brought up the case to the Court of Appeal.

Counsel K Shanmuga, representing Chai told reporters that his client had said she was no longer domiciled in Malaysia since 1980 and until now, lived in England.

"Thus, she said the English Court is to decide the divorce case," he said.

In February last year, Chai filed the divorce petition in a London court, seeking a 500-million pound (approximately RM2.75 billion) settlement.

Chai had also won other beauty pageants, including Miss Princess Malaysia 1969 and Miss Tourism Penang 1969. The couple married in 1970 and have five children.

Khoo, who was represented by counsel Y N Foo, currently resides in Ampang, Kuala Lumpur.

Khoo is the chairman of international investment holdings company, Malayan United Industries Bhd that is primarily engaged in retailing, hotels, food and confectionery, financial services and property. — Bernama

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High Court sets Aug 25 for Anwar’s defamation suit against Anifah

Posted: 22 Apr 2014 09:30 AM PDT

KUALA LUMPUR: The High Court yesterday set this August 25 to hear the RM100 million defamation suit filed by opposition leader Datuk Seri Anwar Ibrahim against Foreign Minister Datuk Seri Anifah Aman.

The suit was related to the minister's remarks during a media conference in Washington five years ago.

Judge Siti Khadijah S.Hassan Badjenid set the date in chambers after meeting with counsel Tan Sri Muhammad Shafee Abdullah, who represented Anifah and counsel Latheefa Koya, who represented Anwar.

Latheefa, when met by reporters, said the court had fixed August 27-29 for the trial.

"In addition, September 15-17 and Oct 8 are also set as the trial dates while May 2 is set for the case management, she said, adding that eight witnesses, including Anwar and Anifah will give evidence during the hearing.

The case is fixed for trial after the Federal Court ordered it to be reverted to the Hight Court for hearing last April 1.

The Federal Court made the decision after rejecting an application from Anifah to allow an appeal against the Court of Appeals' ruling on Jan 25 2013, which revived Anwar's civil suit against Anifah in the minister's personal capacity.

On Jan 6 2011, High Court Judge Datuk John Louis O'Hara struck off the suit after allowing an application from Anifah and the goverment to strike it off in connection with the remarks made by the minister in May 2009 during a media conference at the Department of state in Washington.

On May 27 2008, Anwar sued Anifah, in his official and personal capacity, and the Malaysian government against the minister for allegedly defaming him during Anifah's joint media conference with the then United States Secretary of State Hillary Clinton.

He claimed that Anifah's remarks were baseless and had been reported widely in the local and foreign media. — Bernama

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Hawker claims trial to letting off firecrackers after Perak-jdt match

Posted: 21 Apr 2014 10:06 AM PDT

IPOH: A burger stall hawker pleaded not guilty at the Magistrate's Court here yesterday to letting off firecrackers after a Super League football match between Perak and Johor Darul Takzim last Wednesday.

Mohd Sahir Yahya, 26, of Parit Tok Ngah, Tanjung Piandang, Parit Buntar is accused of causing an explosion by hurling the firecrackers at policemen Mohd Mahiri Hussin, Zulhimi Hafiz Hamdan and Muhamad Razif Semait in front of the Indera Mulia Stadium and farmers market site at the stadium here at 1 am on April 16.

The hawker, who has eight siblings, was charged under Section 6 (1) of the Explosives Act 1957 which carries a maximum jail sentence of seven years, RM10,000 fine or both, upon conviction.

Mohd Sahir's lawyer Mohd Fitri Asmuni applied for bail and asked for the court's permission to settle it tomorrow due to the banks being closed after 5 pm today.

The accused was also represented by lawyers Khairul Anuar Musa and Mohd Zambri Ibrahim, while Insp Nazaruddin Ibrahim conducted the prosecution.

Magistrate Haslinda A Raof set bail at RM2,000 with one surety and allowed it to be paid tomorrow. Mention was fixed for June 3. — Bernama

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