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Tuesday, March 24, 2015

Despite heavily-armed escort Anwar in good spirits, plays with grandkids at Shariah court 'qazaf' appeal

Despite heavily-armed escort Anwar in good spirits, plays with grandkids at Shariah court 'qazaf' appeal
The Kuala Lumpur Syariah Court of Appeal has fixed April 27 for decision on whether to accept the withdrawal of lawyer Zainul Rijal Abu Bakar from representing Minister in the Prime Minister’s Department Jamil Khir Baharom and two others in Opposition Leader Anwar Ibrahim’s qazaf application.
The date was fixed by Syariah Court of Appeal judge Mahammad Ibrahim, who is leading a three-member bench of the apex syariah court in the Federal Territories. The other two judges are Hussin Harun and Aidi Moktar.
Zainul Rijal is also a member of the Federal Territories Islamic Affairs Council which oversees the appointment of the syarie judges, and this has resulted in Anwar opposing his appointment.
Today Zainul Rijal formally handed over his application to withdraw from representing Jamil Khir, the Federal Territories Islamic Affairs Department and its chief prosecutor.
The date of withdrawal was Oct 10, 2012 but was formally handed over to Anwar’s counsel Kamar Ainiah Kamaruzaman only today.
Anwar was escorted heavily by armed personnel from the Prisons Department.
This led to Anwar’s co-counsel Rafie Mohd Shafie asking the armed prison guards to leave the courtroom.
Rafie said the presence of the prison guards carrying firearms in court was akin to intimidating the lawyers and judges.
“Furthermore, it is against court proceedings and also to ensure the safety of the people insider court,” he said.
To this Mahammad agreed, and six armed prison guards left the courtroom and only one remained behind, while five uniformed police personnel, who were unarmed, stood guard.
Rafie said the presence of the prison guards carrying firearms in court was akin to intimidating the lawyers and judges.
“Furthermore, it is against court proceedings and also to ensure the safety of the people insider court,” he said.
To this Mahammad agreed, and six armed prison guards left the courtroom and only one remained behind, while five uniformed police personnel, who were unarmed, stood guard.
Also present in court were PKR president and Anwar’s wife Dr Wan Azizah Wan Ismail, Lembah Pantai MP and PKR vice-president Nurul Izzah Anwar, Bukit Katil MP and PKR vice-president Shamsul Iskandar Mohd Akin, former PKR deputy president and senator Syed Husin Ali and national laureate A Samad Said.
Application by Zainul Rijal rejected three years ago
At the start of the proceeding, Kamar Ainiah relate the facts of the case to the three-member bench where Anwar filed the application for qazaf on his former aide Mohd Saiful Bukhari Azlan, by demanding Jamil Khir, the FT Islamic Affairs Department (Jawi) and the chief prosecutor to take action.
She said that the Syariah High Court dismissed the application in 2010, and the matter went up to the Syariah Court of Appeal in Jan 2012, where it allowed a preliminary objection by Jamil Khir and two others and also dismissed the appeal.
However, the senior syarie lawyer added that the decision by the Syariah Court of Appeal is under review.
Meanwhile, Anwar filed a separate application to have Zainul Rijal (left) be removed from leading the respondents Jamil Khir, Jawi and its chief prosecutor as he is a member of the FT Islamic Council which also oversees the appointment of the judges.
Kamar Ainiah said the matter came-up at the KL Syariah Court of Appeal on Sept 26, 2012 where the court dismissed Zainul Rijal’s application to withdraw on the grounds that it was improper.
“On further checks the court found that Zainul Rijal had filled in the wrong application form that is MS 19 rather than the correct MS 8 form for a withdrawal of counsel.
“We only received Zainul Rijal’s application to withdraw from representing the three only this morning although the letter of application was dated Oct 10, 2012. For us, the matter is not academic as on Sept 26, 2012, the Syariah Court of Appeal ordered Zainul Rijal to pay costs,” she said.
‘Its academic, no requirement to inform other party’
Syarie lawyer Abdul Halim Bahrin, who now appear for the three respondents and Zainul Rijal, said Anwar’s application was academic as Zainul Rijal filed for the withdrawal three years ago.
Another lawyer, Abdul Razak Mohidin, who also represented the respondents, said there was no requirement in law for them to inform the other party and costs should not be imposed.
However, judge Hussin said it was improper for the other party not to be informed over this.
Following this, Kamar Ainiah wants the court to make a decision as what Abdul Razak was submitting has a bearing on the lower courts.
“Do we want lawyers not informing the other side when they are withdrawing as in our case, they informed or gave the notice three years after the case,” she asked.
To this, Syarie judge Mahammad agreed and fixed April 27 for decision on the matter and also to decide on the issue of costs. Mahammad also ordered Anwar and Zainul Rijal to be present for the decision.
Besides Kamar Ainiah and Rafie, Anwar was also represented by senior Syarie lawyer Mohamad Burok.
After the court proceedings Anwar spent 10 minutes with his family and grandchildren in court, before being whisked by prison guards to Sungai Buloh prison. - M'kini

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