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Thursday 26 January 2012

Sodomy appeal: Saiful may have to wait longer

Parties filing notices of appeal have to wait for written judgments first, says Anwar's lead counsel Karpal Singh.

KUALA LUMPUR: Mohd Saiful Bukhari Azlan may have to wait at least three months to know if the prosecution’s appeal against Anwar Ibrahim’s acquittal on a sodomy charge will be heard.

Anwar’s lead counsel Karpal Singh said today that under the Courts of Judicature Act, parties filing notices of appeal have to wait for written judgments first.

A standing order allows judges up to eight weeks to produce their written judgments.

“In Anwar’s case, the prosecution will then peruse the written judgment before deciding to file a petition of appeal.

“If the prosecution feels the grounds of the written judgment are favourable for an appeal, then they will file a petition, otherwise it’s the end of the matter,” said Karpal.

He also told reporters that it was the Attorney-General’s prerogative to appeal.

“Its nothing extraordinary. The other senior counsels and I have previously adviced our clients not to go ahead with an appeal after studying a written judgment.

Karpal was talking to reporters after meeting trial judge Mohamad Zabidin Mohd Diah’s secretary over the status of the written judgment on Anwar’s Sodomy II trial.

He said the judgment was still not ready and the secretary informed him that relevant parties will be notified as soon as it’s ready.

He explained that under Chief Justice’s practise directive, judges have eight weeks to come up with their written judgment from the filing day of notice of appeal.

Meanwhile, Mohamd Zabidin was back on duty today after having been on leave since delivering his judgment on Anwar’s case on Jan 9.

Last Friday, the AG’s Chambers filed notice of appeal which was signed by Solicitor-General Idrus Harun.

The chambers issued a statement that the decision to appeal was based on evidence and the law and was not swayed by emotion or sentiment.

Mohamad Zabidin acquitted and discharged Anwar after ruling that the court was not 100% certain that the integrity of the DNA samples had not been compromised.

He also ruled that the court was reluctant to convict a person solely on the uncorroborated evidence of complainant, Mohd Saiful.

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