Friday, September 4, 2009

Anwar The Moron has no constitutional right to choose the prosecutors for his trial.

KUALA LUMPUR: Anwar The Moron has no constitutional right to choose the prosecutors for his trial, the High Court heard.
Senior Federal Counsel See Mee Chun submitted that Article 5(3) of the Federal Constitution only grants an accused person the right to be defended by a defence counsel of his choice.
SFC See submitted that Article 145(3) of the Federal Constitution gave the Attorney-General (A-G) the discretion to decide on any aspect of a criminal prosecution.
She said if the A-G has decided that the criminal (sodomy) trial against Anwar shall be conducted by seven deputy public prosecutors, such a decision was not reviewable by the court.
“This application to disqualify the respondents from prosecuting the criminal charge against Anwar in the criminal court is an outright attack on the powers of the A-G,” she argued in the leave application by Anwar to disqualify the entire prosecution team in his sodomy trial.
Anwar had filed the leave application for judicial review on Aug 11.
In the application, he named Solicitor-General I Datuk Idrus Harun; Solicitor-General II Datuk Mohd Yusof Zainal Abiden, DPP Datuk Nordin Hassan, DPP Mohamad Hanafiah zakaria, DPP Wong Chiang Kiat, DPP Shamsul Sulaiman, DPP Noorin Badaruddin, the Public Prosecutor and the Government as respondents.
Among others, the Permatang Pauh MP is seeking for a declaration that the current prosecution team was not qualified to represent the Public Prosecutor and/ or conduct any proceedings or appeal against him.
Anwar, 62, pleaded not guilty on March 10 to sodomising his former personal aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara on June 26 last year.
SFC See said Anwar was only attempting to derail and/ or sabotage the criminal prosecution against him.
“The applicant is using this court, a civil court exercising its administrative law function, to undermine the criminal trial now pending in the High Court,” she said.
SFC See said Anwar’s application alleging bias, prosecutorial misconduct and conflict of interest had been dealt with in the previous cases by the higher courts and Royal Commissions of Inquiry.
She said Anwar also had not accounted for the delay in filing the application.
Anwar’s lawyer R. Sivarasa however contended there was a prima facie case to be inquired into merits in a full inter-partes (both sides) hearing.
Sivarasa submitted the application was not meant to stop the trial, and that the A-G could appoint other prosecutors to replace the current team to conduct the case.
High Court (Appellate and Special Powers) judge Justice Alizatul Khair Osman Khairuddin fixed Sept 15 to deliver her decision on leave application for a judicial review over the disqualification matter.

tunku : when it comes to this melodrama queen of moron, anything is possible.he can even choose the prosecution team.i can't find this thing happens in any other country except here, that too for this moron's case only. i hope the court won't waste anymore time in this case.if he is really not guilty, he has not tried(still trying) to postpone this case many many times.he just want to drag this case to his best ability.only a guilty/criminal/sodomizer person would do so.

2 comments:

eddy said...

Agree Tunku also I think the Courts and the AG's office is literally bending backwards to the whims of Anwar defence team. I think the Judge should put a stop to this wasting time by Anwar Ibrahim and his lawyers its been a year of delayed justice already.

Maybe the AG should make a formal complaint against the Lawyers defending Anwar to the Bar Council for coming up with irresponsible excuses intended to delay the criminal trial proper.Wonder what Bar Council's response would be in the interest to find the truth.

Anonymous said...

I agree with you Tunku. It is all about the inconsistent application of the Law.Ramalx