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Friday, March 7, 2014








[KENYATAAN MEDIA] Hukuman Terhadap Dato’ Seri Anwar Ibrahim: Satu Lagi Episod Hitam Dalam Negara Kita – Presiden PAS
7 March 2014

KENYATAAN MEDIA PRESIDEN PAS
 
“HUKUMAN TERHADAP DATO’ SERI ANWAR IBRAHIM :

SATU LAGI EPISOD HITAM DALAM NEGARA KITA”

Parti Islam SeMalaysia (PAS) sungguh terkejut dan ingin merakamkan kekesalan yang tidak terhingga terhadap keputusan Mahkamah Rayuan dalam proses penghakiman yang begitu tergesa-gesa menjatuhkan hukuman bersalah terhadap Dato’ Seri Anwar Ibrahim dalam rayuan pendakwa terhadap Kes Sodomi II pada hari ini.

PAS dan kalangan rakyat awam sudah tentu bertegas bahawa prinsip keadilan mestilah bukan sahaja ditegakkan dengan penuh telus dan bermaruah, tetapi ianya mestilah dapat dilihat ditegakkan dengan prosesnya yang begitu teliti, cermat dan berlaku adil mengikut prinsip undang-undang yang bebas. Apatah lagi sekiranya kita merujuk kepada sistem keadilan perundangan Islam yang menekankan bahawa sedikit sahaja keraguan dalam proses perbicaraan itu sudah cukup untuk membebaskan seseorang yang didakwa. Prinsip keadilan sebegini tidak dapat dilihat dalam kes yang menimpa Dato’ Seri Anwar Ibrahim. Ini dengan sendirinya akan berterusan menghakis keyakinan rakyat terhadap sistem keadilan dalam negara kita ini.

PAS berkongsi kekecewaan ini dengan anggota keluarga Dato’ Seri Anwar Ibrahim, terutamanya isteri beliau Datin Seri Dr Wan Azizah yang juga Presiden Parti Keadilan Rakyat (PKR) dalam menghadapi ujian yang sangat berat ini. PAS akan terus memberikan segala bentuk sokongan kepada beliau dan ahli-ahli PKR, serta seluruh penyokong Pakatan Rakyat dalam meneruskan rayuannya ke Mahkamah Persekutuan sehingga keadilan dapat ditegakkan dan kezaliman dapat diruntuhkan.

Dato’ Seri Tuan Guru Abdul Hadi Awang
Presiden PAS
5 Jamadil Awal 1435 H bersamaan 7 Mac 2014
7 March 2014
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TMI
A gathering to show solidarity to Datuk Seri Anwar Ibrahim is being organised at Stadium Kajang tonight.

PKR activist and Malaysian Young People’s Solidarity (SAMM) chief Badrul Hisham Shahrin said the gathering will start from 8pm.
This is the first gathering planned following the Appeals Court’s decision this afternoon to overturn Anwar’s acquittal from his second sodomy case.

Kajang is chosen as the venue as PKR’s machinery is already set up there in preparation for the impending Kajang by-election.
 
Anwar is PKR’s candidate for the seat. Nomination day for the by-election is next Tuesday (March11).

Anwar, who is PKR de facto leader and Permatang Pauh MP, was charged, in August 2008 at the Kuala Lumpur High Court, with sodomising his former aide Mohd Saiful Bukhari Azlan.

He was found not guilty in January 2012. The prosecution filed an appeal against the decision, which led to the overturned verdict today.

In an immediate response, PKR strategy director Rafizi Ramli said he was not shocked by the Appeals Court’s decision.

“The worst feeling is that I am not surprised and am mentally prepared for this injustice,” he said.

7 March 2014
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TMI
The Court of Appeal has been manipulated by Prime Minister Datuk Seri Najib Razak to halt the rakyat’s march in Kajang and Selangor, PKR de facto leader Datuk Seri Anwar Ibrahim said today.

Speaking to reporters at the Palace of Justice in Putrajaya, Anwar said eyebrows had been raised at the manner in which the appellate court had handled his case.

“The appellate court has clearly been manipulated by Najib to stop the rakyat from marching in Kajang and Selangor and onwards towards Putrajaya,” Anwar said.

As Anwar exited the building, cries of ‘Reformasi!’ rocked the Palace of Justice as several hundred supporters cheered him, despite today’s proceeding not being in his favour.
 
Several PKR leaders rallied the crowd, railing against the injustice which had been committed against Anwar today and vowing that they would continue their work in Kajang.

Flanked by his daughter Nurul Izzah, Karpal Singh, Azmin Ali and Batu MP Tian Chua, Anwar said they would file an appeal on Monday.

“The reversal of any decision should be carefully considered and evaluated, but the appellate court could not wait as they were following a script,” Anwar said.

“We will file an appeal to the Federal Court because we are confident with our facts and information,” he added.

Asked who will be PKR’s candidate for the Kajang state seat since he had been ruled out of the running, Anwar said they would rethink their strategy.

Anwar’s legal counsel, Karpal Singh told reporters that what had been done in the Palace of Justice today was a travesty of justice.
“There were representatives from foreign countries watching the trial and they have seen it firsthand now,” he told reporters outside the appeal courtroom.

“There is clearly a blatant disregard by the appellate court of the facts of the case and the law.”

“It is shocking to hear the three-men panel state that under the circumstances, they could not wait for my medical records,” Anwar said.

He said the people of Malaysia will have their own views on the case, especially the controversial manner in which it had been conducted.

“Putrajaya is not interested in economic malaise, endemic corruption and rising crime.

“They are focused on killing, assassinating political opponents.
“Today Anwar, on March 11, Karpal. I think it is time that we warn Najib and the arrogant Umno leadership that they must be prepared to face the wrath of the people.

“That is Umno’s fear, that once Pakatan Rakyat gets into Putrajaya, we cannot be moved,” Anwar said.

He said former Prime Minister Tun Dr Mahathir Mohamad and former Finance Minister Tun Daim Zainuddin had attacked him.
“This is clearly an attempt to deny me. That is why they are doing this now. Once we get in, that is the end of Umno.”

“They have underestimated the wrath of the people. They are not God and I believe in the wisdom of the people.”

Meanwhile, Anwar’s wife and PKR president Datin Seri Wan Azizah Wan Ismail said today’s proceedings had been conducted in the Palace of Justice, but inside there was only injustice.

The Court of Appeal today reversed the High Court acquittal of Anwar in the Sodomy II case and sentenced him to five years in jail.
7 March 2014
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TMI
Support for opposition leader Datuk Seri Anwar Ibrahim poured in on Twitter as news of his sodomy conviction and five year’s jail sentence spread like wildfire through social media websites today.
Thousands of Twitter users expressed their shock over the Court of Appeal’s verdict and sentence, and expressed solitarity and support for the PKR de facto leader.
Pakatan Rakyat leaders also took to the networking site to convey their disbelief and slammed the judiciary, as well as the Barisan Nasional government, over the conviction.
The ruling BN coalition has been accused of engineering Anwar’s sodomy charge largely to silence the opposition leader, who has been attributed with the BN’s dismal performance in the last two general elections.
Selangor speaker and Subang Jaya assemblywoman Hannah Yeoh said, “They did this to @anwaribrahim when I was 18. Today at 35, I’ll witness the birth of a new reformasi generation. @anwaribrahim we are with u,” she tweeted.
PKR’s deputy publicity chief and Bayan Baru MP Sim Tze Tzin: “Anwar convicted of sodomy 2.0 Clearly political move to remove him from politics. To Najib & Umno, many thousands of Anwar will rise up against you! #Reformasi”
Twitter user Izzul Hazwan called on Anwar to be strong, saying: “The verdict reminded me once again that Malaysian justice system was long dead”.
Peter Justin Skelchy said of the court decision: “Malaysia’s judiciary has once again demonstrated that we are nothing but a banana republic @anwaribrahim @rafiziramli”.
“Anwar Ibrahim sentenced to jail is unacceptable. Clearly it’s the Government’s way to tell people not to mess with them. #Reformasi,” said ??H.
“Najib is so unoriginal! Using the same old move again. Persevere, sir! I have a feeling things will right themselves soon,” Timothy Wong said.
Former Penang speaker Datuk Abdul Halim Hussain of PKR warned the ruling BN government that “Anwar Ibrahim a leader of world status & BN authoritarian govt out to shut him in jail. Be prepared for economic catastrophe & uncertainty.”
Meanwhile, NGO Human Rights Watch Deputy Director Phil Robertson said it was a “dark day” for the Malaysian judiciary, which has shown that it is incapable of “standing up straight” when national political issues are in play.
“This trial was all about knocking Anwar Ibrahim out of politics and the government was prepared to do whatever it took to make that happen,” he said.
“Anwar and his family appear caught in a never-ending nightmare of his political adversaries’ making, with the courts as the instrument of his political execution.”
With this sentence, Anwar’s political career appears to have ended. He will be disqualified from all his political positions and will not be the PKR candidate in the Kajang by-election to be held later this month.
PKR lawyer Latheefa Koya hit out at the three-man panel of judges, led by Justice Balia Yusof Wahi, who only took less than two hours to come up with the sentence.
“Why have the judges rushed into making a decision and taken such a short time before deciding to reverse Anwar’s Sodomy II acquittal,” she told reporters at the Palace of Justice in Putrajaya.
“When Karpal Singh was found guilty of sedition by the Ipoh High Court, the sentencing was scheduled to be announced after two weeks.
“In Anwar’s case, the sentencing is expected an hour after his acquittal against sodomising Mohd Saiful Bukhari Azlan was reversed.”
It was a “serious injustice” to both parliamentarians, she said, as Anwar and Karpal are scheduled to appear in Parliament next week.
“It is very unusual for a court to reverse an acquittal so fast, and even more unusual to deliver sentence so fast.”
5 March 2014
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Subject: Press Statement: Court of Appeal Registrar Must Reveal Reasons for Unusual Haste in Fixing Fitnah II Appeal date
I refer to the appeal of the Fitnah II case by the BN government against opposition leader Anwar Ibrahim on 6 &7 March 2014.
We are disturbed by the unusual haste in which the March 6 &7 dates have been fixed.
The appeal had been fixed for case management on 28.2.2014. Anwar’s lawyers then received a call from the deputy registrar of the Court of Appeal (CoA) asking for free dates between March 7 and March 10, 2014.  It should be noted that the dates insisted upon by the CoA are on the eve of the nomination day for the Kajang by-election. ( If Anwar is convicted, he would be disqualified from contesting the by election.)
On 28 February 2014, the court insisted on fixing March 6 &7 as the appeal dates. The dates were fixed despite Anwar’s lawyers  stating that those are not their free dates.  Why was the CoA in such a hurry to fix these dates?
More surprisingly, the CoA had on 12 Feb had allowed a stay of the Fitnah II appeal pending disposal of Anwar’s appeal to Federal Court on the application for Judy Pereira to be recalled.
Having granted the stay, why did the CoA rush to fix the appeal dates even before the Judy Pereira appeal was heard?
In fact, Anwar had up to 6 March to file his petition of appeal for the Judy Pereira appeal to the Federal Court.  However in a highly unusual move, Shafee Abdullah filed an application to strike out the Judy Pereira appeal. More surprisingly the Federal Court allowed on 4th March the striking out of the Judy Pereira appeal, which decision was clearly wrong in law and in fact.
It should be remembered that the Fitnah II appeal is a matter of great public interest. The court must be candid and transparent in managing the Fitnah II appeal.
The Malaysian public has a right to fullest disclosure pertaining to this appeal.
We hereby call upon the Chief Registrar of the CoA to disclose the reasons for the hurried fixing of the Fitnah II appeal dates.
Issued by
N Surendran
Vice President Keadilan
&
Member of Parliament, Padang Serai
5 March 2014
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As Putrajaya prepares to fight the acquittal of opposition leader Datuk Seri Anwar Ibrahim (pic) on a sodomy charge in the Court of Appeal tomorrow, two human rights groups have called for the dismissal of the case, saying it was “politically motivated”.
Suaram and the International Federation for Human Rights (FIDH) urged the court to dismiss Putrajaya’s appeal, saying that it was motivated to dampen the “serious political challenge” the federal government had experienced since Independence.
“The prosecution has expedited proceedings in an apparent attempt to prevent Anwar Ibrahim from running for the post of Menteri Besar of Malaysia’s richest and most populous state,” Suaram executive director Yap Swee Seng said in a statement today.
The NGOs also drew attention to Anwar’s candidacy in the Kajang by-election and bid to become the next Selangor Menteri Besar, noting that an unfavourable court decision would mean an end to Anwar’s plans.
“If the Court of Appeal upholds the prosecution’s appeal, it could immediately sentence Anwar to a jail term which would result in his inability to run in the by-election,” the statement read.
Nominations for the by-election have been fixed for March 11 while polling will be on March 23.
Political analysts have said Anwar was walking a tightrope by contesting the Kajang state seat with the sodomy case still hanging over his head.
The sodomy offence which Anwar had been accused of carries a jail term of up to 20 years and whipping.
Under the law, an MP or assemblyman who is jailed for a year or more and slapped with a fine of RM2,000 or more will be disqualified.

In 2012, the High Court acquitted Anwar of a charge of sodomising his former aide Mohd Saiful Bukhari Azlan at a Desa Damansara condominium unit in Bukit Damansara in 2008, based on tainted DNA evidence presented by the prosecution.

Umno lawyer Tan Sri Muhammad Shafee Abdullah is to lead the prosecution team in the appeal proceedings, which begins tomorrow.

On March 4, the Federal Court allowed Putrajaya’s application to strike out the notice of appeal filed by Anwar to recall the investigating officer in his sodomy case – former Superintendent Jude Blacious Pereira – as a witness.

Anwar had also failed in his three attempts to remove Shafee as the prosecutor. He had first challenged the legality of Shafee’s appointment under the Criminal Procedure Code but this was dismissed by the Federal Court on November 20.

His second application to disqualify Shafee, based on a statutory declaration (SD) by former Kuala Lumpur Criminal Investigation Department chief Datuk Mat Zain Ibrahim, was also dismissed by the Federal Court on February 11.

Anwar filed the third application on February 25 to disqualify Shafee on grounds that the senior lawyer was not a fit and proper person to accept the appointment as he was found guilty of violating the Legal Profession Publicity Rules 2001 and this, too, was struck out on March 3.

International NGO Human Rights Watch had previously urged Putrajaya to drop its appeal against Anwar’s acquittal. It had also noted that the attack on Anwar was politically motivated.

“Malaysian authorities are only adding insult to injury by appealing Anwar’s acquittal, compounding the injustice already inflicted on Anwar and his family,” Phil Robertson, deputy director of Human Rights Watch’s Asia division, had said.

FIDH president Karim Lahidji said today that the appellate court’s decision would be a “litmus test” for the independence of the Malaysian judiciary.

“The Court of Appeal must uphold international standards of fair trial come this March 6 and 7,” he added.

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