By R. Sivarasa
SHAH ALAM: There is serious concern about malice and bias on the part of the prosecutors.
Attorney General Gani Patail signed the certificate transferring Anwar Ibrahim’s current case from the Sessions Court to the High Court.
Yusuf Zainal Abiden, the senior DPP leading the prosecution team in the current case was deeply involved in the Sukma case and also in Anwar’s prosecutions in 1998. Others in the prosecution team were also involved in the 1998 cases.
Given the bias and bad faith the prosecutors showed in the earlier cases, Anwar is justified in worrying that he will again not get a fair trial.
Indeed, this bad faith has already been manifested in the question of discovery of documents and evidence in the current case.
Repeated requests by Anwar’s lawyers for documents relevant for preparation of the defence such as witness statements of Saiful and other witnesses to be called by the prosecution and relevant medical and forensic reports and notes were not entertained by the DPPs.
Anwar then made an application for these documents to the High Court trial judge Justice Zabidin Mohd Diah which was granted. The prosecution appealed resulting in the Court of Appeal setting aside the judgement. Anwar’s appeal to the Federal Court is pending.
Given the political stance taken by the current Federal Court judges on the Munawar case, there is not much hope of a positive outcome.
Despite the fact that Anwar’s appeal to the Federal Court on the key issue of production of documents was still pending, the High Court trial judge on 6 December 2009 appeared to be under pressure to fix early dates for the trial and set the trial to start on Jan 25th 2010 for a month.
The same judge had said earlier this year that the trial dates would not be fixed until the issue of the production of documents was decided in the appellate courts.
The fairness of the trial that Anwar will face on 25th Jan 2010 is already in question by the denial of documents that are important for the preparation of the defence.
In criminal trials in most other jurisdictions, an accused will be given, prior to the trial, the witness statements of all witnesses who will be called by the prosecution to testify against him and all documents that will be produced by those witnesses.
This procedure ensures fairness to all parties, and prevents delay to the trial.
The trial of Anwar will, despite provisions of the law to the contrary, will now proceed very much in the old style of trial by ambush.
The details of the case for the prosecution and many key documents will be seen by the defence for the first time only at the trial, putting the accused and his lawyers under immense and unfair pressure.:
TOMMORROW Sodomy Conspiracy Number Two Part 5 final: Political conspiracy
SHAH ALAM: There is serious concern about malice and bias on the part of the prosecutors.Attorney General Gani Patail signed the certificate transferring Anwar Ibrahim’s current case from the Sessions Court to the High Court.
Yusuf Zainal Abiden, the senior DPP leading the prosecution team in the current case was deeply involved in the Sukma case and also in Anwar’s prosecutions in 1998. Others in the prosecution team were also involved in the 1998 cases.
Given the bias and bad faith the prosecutors showed in the earlier cases, Anwar is justified in worrying that he will again not get a fair trial.
Indeed, this bad faith has already been manifested in the question of discovery of documents and evidence in the current case.
Repeated requests by Anwar’s lawyers for documents relevant for preparation of the defence such as witness statements of Saiful and other witnesses to be called by the prosecution and relevant medical and forensic reports and notes were not entertained by the DPPs.
Anwar then made an application for these documents to the High Court trial judge Justice Zabidin Mohd Diah which was granted. The prosecution appealed resulting in the Court of Appeal setting aside the judgement. Anwar’s appeal to the Federal Court is pending.
Given the political stance taken by the current Federal Court judges on the Munawar case, there is not much hope of a positive outcome.
Despite the fact that Anwar’s appeal to the Federal Court on the key issue of production of documents was still pending, the High Court trial judge on 6 December 2009 appeared to be under pressure to fix early dates for the trial and set the trial to start on Jan 25th 2010 for a month.
The same judge had said earlier this year that the trial dates would not be fixed until the issue of the production of documents was decided in the appellate courts.
The fairness of the trial that Anwar will face on 25th Jan 2010 is already in question by the denial of documents that are important for the preparation of the defence.
In criminal trials in most other jurisdictions, an accused will be given, prior to the trial, the witness statements of all witnesses who will be called by the prosecution to testify against him and all documents that will be produced by those witnesses.
This procedure ensures fairness to all parties, and prevents delay to the trial.
The trial of Anwar will, despite provisions of the law to the contrary, will now proceed very much in the old style of trial by ambush.
The details of the case for the prosecution and many key documents will be seen by the defence for the first time only at the trial, putting the accused and his lawyers under immense and unfair pressure.:
TOMMORROW Sodomy Conspiracy Number Two Part 5 final: Political conspiracy
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