PUTRAJAYA, June 30 – The Court of Appeal here today overruled the public prosecutor’s preliminary objections against Datuk Seri Anwar Ibrahim’s appeal to move his Sodomy II trial back to the Kuala Lumpur Sessions Court.
The panel of three judges said they would continue to hear the merits of Anwar’s appeal tomorrow morning.
Justice Datuk Abdull Hamid Embong, who headed the bench today, told both sides to prepare their arguments to directly address the heart of the dispute by tomorrow, which focuses on whether the controversial certificate of transfer, signed by the Attorney General (AG) Tan Sri Abdul Gani Patail is valid or not.
The court wants answers on three key points: the concept of “legitimate expectation” (which is basically the assurance then Prime Minister Datuk Seri Abdullah Badawi gave Anwar’s wife and daughter that Abdul Gani will not be in any way involved in Anwar’s second sodomy case); the doctrine of necessity; and the question of perceived bias.
Anwar has consistently maintained that Abdul Gani, whom he accuses of having a hand in falsifying his records in the first sodomy case in 1998, is biased.
The Court of Appeal also granted a stay of proceedings in the KL High Court tomorrow.
The High Court was earlier scheduled to hear Anwar’s application against the public prosecutor for allegedly withholding important evidence connected to his trial.
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