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Wednesday, 13 January 2010

Anwar's 'qazaf' suit adjourned pending Saiful's application - Malaysiakini

The Federal Territory Syariah High Court today set Feb 17 for re-mention of Anwar Ibrahim's bid to expedite his qazaf (false accusation) charge against former aide Mohd Saiful Bukhari Azlan.

NONESyariah High Court judge Mohd Shukor Sabudin fixed the matter after the respondent's lawyer Zainul Rijal Abu Bakar asked for another date to file a preliminary objection.

The preliminary objection, he said, was based on three grounds:

1) The court's jurisdiction to hear the matter

2) Non-compliance with application procedures

3) Zulkifli Noordin's status as Anwar's lawyer due to conflict of interest and breach of ethics under Syariah practice.

Zainul said that he would file the affidavit in reply to Anwar's qazaf application and the preliminary objection together before or on the date of the hearing.

Anwar, who is also the Opposition Leader, was not present in court today as he was attending the international Islamic Scholars conference in Beirut said his lead counsel, Kamar Ainiah Kamaruzaman.

'Two different matters'

Anwar in his suit has named FT Syariah public prosecutor Shamsuddin Hussain, FT religious department head Che Mat Che Ali and minister in charge of religious affairs Jamil Khir Baharom as respondents.

anwar pc at penang 080110 02The Permatang Pauh MP has also asked the court to instruct Che Mat and Jamil to "stop or influence" the chief public prosecutor from carrying out his duties in prosecuting Saiful.

He also argued that the the qazaf before the Syariah Court and sodomy charge at the High Court are two different matters.

In October, Jamil told Parliament that the prosecution is waiting for the civil court to complete hearing the sodomy trial, where Anwar (right) is an accused.

The Kuala Lumpur High Court has scheduled Jan 25 to Feb 25 to hear the matter. Anwar has pleaded not guilty to sodomising Saiful.

Anwar had filed the qazaf application on July 9, 2008 with the Federal Territories Islamic Affairs Department against Saiful for making "false allegations" against him.

Anwar, 62, is facing a criminal trial at the Kuala Lumpur High Court for allegedly sodomising Saiful, 24, at a condominium in Bukit Damansara on June 26, 2008.

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