Anwar asks for review of qazaf decision
PKR adviser wants ruling set aside
KUALA LUMPUR: Datuk Seri Anwar Ibrahim has applied to the Syariah Appellate Court here to review a ruling that minister Datuk Seri Jamil Khir Baharom and two others need not get leave to hear an application relating to his (the Opposition Leader’s) qazaf case.
Anwar wants the court to set aside the decision and appoint a new panel to review the Jan 30 ruling.
He said he had confidence that the Syarie Chief Judge possessed the power to appoint a new panel of judges to review the ruling.
The Syariah Appellate Court had, on that day, made the ruling in favour of Jamil Khir, who is Minister in the Prime Minister’s Department, Federal Territories Islamic Religious Council(maiwp) chief prosecutor Shahsuddin Hussain and MAIWP director Datuk Che Mat Che Ali to set aside Anwar’s qazaf (making false allegation) appeal.
The panel of judges, then headed by Justice Zohdi Toha, had said it was irrelevant and of no use for Jamil Khir and the two other respondents to apply for leave before the hearing to set aside Anwar’s notice of appeal.
This led to the PKR adviser’s lawyers walking out of the court, claiming that court procedures were not adhered to.
Justice Zohdi did not make a ruling on an application by the respondents’ counsel, Roslizam Rahim, to show cause why Anwar’s lawyers should not be cited for contempt of court for the walkout.
He, however, set March 8 to hear their application to set aside Anwar’s notice of appeal.
On April 14, 2010, a Syariah High Court allowed a preliminary objection raised by the three respondents over Anwar’s application to compel Shahsuddin to prosecute his (Anwar’s) former personal aide Mohd Saiful Bukhari Azlan for qazaf.
In his application, Anwar had asked the court to ensure Jamil Khir and Che Mat do not stop or influence the chief prosecutor from carrying out his duty in prosecuting Mohd Saiful.
After filing the application for review yesterday, the Opposition Leader said: “My syarie lawyers have objected and stated that leave from the court has to be granted before the respondents can argue about setting aside my notice of appeal.”
He filed his court papers at the Federal Territories Syariah registry through his lead counsel Kamar Ainiah Kamaruzaman and lawyers Dorina Abdullah and Dr Mohd Rafie Shafie.
Anwar wants a court order to stay all proceedings, pending disposal of his review application, costs to be imposed on the three respondents and relief deemed fit by the court.
He also filed an affidavit yesterday alleging that lawyer Zainul Rijal Abu Bakar was being unprofessional and asking the Syariah High Court to decide on issues raised by him (Anwar) against the lawyer.
Anwar said although Zainul, who was appointed a MAIWP member last July, had filed a notice to withdraw from appearing for Jamil Khir and the two others in his qazaf case, the lawyer’s alleged misconduct should be determined by the court.