Judgment by High Court judge Mohamad Zabidin was based on findings of fact and the call by the chief prosecutor to appeal is misplaced, says Anwar's lead counsel.
PETALING JAYA: Attorney-General Abdul Gani Patail should not be unduly concerned over calls by the family of Mohd Saiful Bukhari Azlan to lodge an appeal against the acquittal of Anwar Ibrahim on a sodomy charge, said the opposition leader’s lead counsel Karpal Singh.
Karpal said this in response to calls by Saiful’s father, Azlan Mohd Lazim, who made an impassioned plea, urging the Attorney-General to appeal the High Court’s decision to set Anwar free.
Judge Mohamad Zabidin Mohd Diah freed Anwar on Monday due to uncertainty in the integrity of the DNA samples presented as evidence which may have been compromised.
Lead prosecutor, Solicitor-general II Mohd Yusof Zainal Abiden, confirmed news reports that he had recommended that the Attorney-General appeal the judge’s verdict.
He told TV3′s Nightline English News early this morning that a decision to appeal was made after studying all related evidence in this case.
“As I mentioned before, the written judgment is not out. We have 10 days to appeal and that period would lapse before the written judgment is out. Therefore I have recommended that we appeal,” he told FMT when contacted today.
Asked if he would meet Gani in person to make the recommendation, Mohd Yusof said that he had already handed a written report to the head of the Appellate Unit within the Appellate and Trial Division in the Attorney-General’s Chambers.
Closure for all parties
Mohd Yusof said the head of the head of Appellate and Trial Division may meet Gani to convey the recommendation.
“The call by Mohd Yusof for the Attorney-General to appeal High Court judge Mohamad Zabidin Mohd Diah’s decision is misplaced,” said Karpal.
“While Gani has the discretion under Article 145(3) of the Federal Constitution to appeal against a criminal court’s decision, the three-year trial had taken a toll on Anwar and his family.”
Moreover, said Karpal, the judgment by Mohamad Zabidin was based on findings of fact and that an appellate court is usually slow to overrule in an appeal.
He added that there would be a closure for all parties when Gani decides not to appeal Anwar’s acquittal.
“It is in the interests of all concerned that there be closure to a trial which has been described by Court of Appeal judge, Abdul Malik Ishak, as the mother of all trials in Malaysia.”
PETALING JAYA: Attorney-General Abdul Gani Patail should not be unduly concerned over calls by the family of Mohd Saiful Bukhari Azlan to lodge an appeal against the acquittal of Anwar Ibrahim on a sodomy charge, said the opposition leader’s lead counsel Karpal Singh.Karpal said this in response to calls by Saiful’s father, Azlan Mohd Lazim, who made an impassioned plea, urging the Attorney-General to appeal the High Court’s decision to set Anwar free.
Judge Mohamad Zabidin Mohd Diah freed Anwar on Monday due to uncertainty in the integrity of the DNA samples presented as evidence which may have been compromised.
Lead prosecutor, Solicitor-general II Mohd Yusof Zainal Abiden, confirmed news reports that he had recommended that the Attorney-General appeal the judge’s verdict.
He told TV3′s Nightline English News early this morning that a decision to appeal was made after studying all related evidence in this case.
“As I mentioned before, the written judgment is not out. We have 10 days to appeal and that period would lapse before the written judgment is out. Therefore I have recommended that we appeal,” he told FMT when contacted today.
Asked if he would meet Gani in person to make the recommendation, Mohd Yusof said that he had already handed a written report to the head of the Appellate Unit within the Appellate and Trial Division in the Attorney-General’s Chambers.
Closure for all parties
Mohd Yusof said the head of the head of Appellate and Trial Division may meet Gani to convey the recommendation.
“The call by Mohd Yusof for the Attorney-General to appeal High Court judge Mohamad Zabidin Mohd Diah’s decision is misplaced,” said Karpal.
“While Gani has the discretion under Article 145(3) of the Federal Constitution to appeal against a criminal court’s decision, the three-year trial had taken a toll on Anwar and his family.”
Moreover, said Karpal, the judgment by Mohamad Zabidin was based on findings of fact and that an appellate court is usually slow to overrule in an appeal.
He added that there would be a closure for all parties when Gani decides not to appeal Anwar’s acquittal.
“It is in the interests of all concerned that there be closure to a trial which has been described by Court of Appeal judge, Abdul Malik Ishak, as the mother of all trials in Malaysia.”
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