Judge in Anwar's trial tied hands of defence, appeal is told
KUALA LUMPUR, March 6 (AFP) - Lawyers for Malaysia's Anwar Ibrahim urged the appeal court Monday to acquit the sacked deputy premier, saying the judge who convicted him of corruption had tied the defence's hands.High court judge Augustine Paul made a "serious error" in ruling that the truth or falseness of sexual misconduct allegations against Anwar was irrelevant to the trial, said defence counsel Christopher Fernando.
Anwar is appealing against his conviction last April on four counts of corruption -- abusing his official position to cover up the allegations -- and against his six-year sentence.
Malaysia's former top policeman had been due to stand trial separately Monday for attempting to cause grievous injury to Anwar on the night he was first detained.
But the hearing was postponed until March 14 after a defence lawyer said Rahim Noor was unwell. He faces a jail term of three-and-a-half years if convicted.
The black eye which Rahim has admitted giving Anwar has become a symbol of the opposition to Prime Minister Mahathir Mohamad.
Anwar, 52, was sacked by Mahathir on September 2, 1998 and detained 18 days later, initially under an act allowing detention without trial, after leading mass anti-government protests.
In Anwar's corruption trial judge Paul let prosecutors amend the charges at the end of their case. This meant they did not need to prove the truth or falsity of the sexual allegations -- only that Anwar had tried to cover them up.
As the appeal bid entered its second week Monday, Fernando told a three-member appeal panel that Paul's decision was "clearly wrong and untenable, apart from being unjustified and unwarrranted."
"(Paul) has fallen into a serious error, unwittingly deprived the defence of properly advancing this case. The inescapable result is that the defence has been gravely and irreparably prejudiced.
"His perverse decision cannot be upheld," he added. "On this ground alone, your lordships are entitled to allow the acquittal."
Fernando said protests by the defence against Paul's ruling were met with "rigid sanctions," including threats of contempt of court.
"We were grossly handicapped. Our hands were tied. Far from assisting the accused, he was in fact, probably unwittingly, acting in detriment to the accused," he said.
"It is gross dereliction of the function of an arbitrator. Preventing the defence from advancing their case is very serious. This is an abdication of a judge's function."
Anwar is separately on trial for sodomy, a crime punishable by up to 20 years. He says the charges stem from a high-level political conspiracy.
In the nearby session court K.Kumaraendran, counsel for Rahim, told Judge Akhtar Tahir his client was unfit to attend the trial. He produced a medical certificate from a private doctor but gave no details of what Rahim was suffering from.
Akhtar told him to get a government doctor to endorse the certificate and fixed Tuesday next week as the new hearing date.
Karpal Singh, Anwar's lawyer who is holding a watching brief, urged the judge to ensure Rahim's presence in court. "It is possible he may still say he is sick again next week."
"If the accused fails to come to court without reasonable cause, I will issue a warrant of arrest for him," Akhtar said.
Rahim pleaded not quilty on April 22 last year to the charge. He stepped down as police inspector general in January 1999 and later admitted the assault at a public inquiry, saying he was provoked by an insult from Anwar which likened him to a dog.
Anwar sported the black eye when he made his first court appearance on September 29, 1998. Medical experts testified at the inquiry that he sustained injuries which could have been fatal.
Anwar's corruption trial a 'travesty of justice,' appeal told
KUALA LUMPUR, March 6 (AFP) - Lawyers for Malaysia's Anwar Ibrahim on Monday labelled his corruption trial a "travesty of justice" and claimed a key witness had been bribed.
They urged the appeal court to overturn the sacked deputy premier's conviction and six-year jail term and end his "unnecessary misery."
Anwar's conviction last April was based on contradictory evidence by "tainted" prosecution witnesses and he had been "vigorously prevented from putting across his defence," said counsel Christopher Fernando.
"These were witnesses who have been bribed, given perks and they are produced in court ... and conviction is obtained on evidence given by them," Fernando told a three-member appeal panel, referring to prosecution witness Azizan Abu Bakar.
Fernando said Azizan, the former driver for Anwar's wife, had been given a directorship in a development company and a company car.
"You don't give a plum job to a person with absolutely no experience ... it is difficult to see anyone who cannot see through this facade."
He said "a grave injustice" had been done to Anwar, once heir apparent to Prime Minister Mahathir Mohamad.
"This is a travesty of justice and I urge your lordships to put an end to the unnecessary misery caused to the appellant."
Anwar is appealing against his conviction on four counts of corruption -- of abusing his official position to cover up sexual allegations made against him by Azizan and another person -- and against his jail sentence.
Malaysia's former top policeman had been due to stand trial separately Monday for attempting to cause grievous injury to Anwar on the night he was first detained.
The hearing was postponed until March 14 after a defence lawyer said Rahim Noor was unwell. He faces a jail term of three-and-a-half years if convicted.
The black eye which Rahim has admitted giving Anwar has become a symbol of opposition to Mahathir.
Anwar, 52, was sacked by Mahathir on September 2, 1998 and detained 18 days later after leading mass anti-government protests.
As the appeal entered its second week Monday, Fernando said Judge Augustine Paul had "applied two standards" for prosecution and defence witnesses.
Paul also made a "wrong and untenable" decision in letting prosecutors amend the charges at the end of their case, he said. This meant the truth or falseness of the sexual allegations need not be proved -- only that Anwar had tried to cover them up.
"(Paul) has fallen into a serious error, unwittingly deprived the defence of properly advancing this case. The inescapable result is that the defence has been gravely and irreparably prejudiced," he said.
Fernando said defence protests against Paul's ruling were met with "rigid sanctions," including threats of contempt of court.
"We were grossly handicapped. Our hands were tied. Far from assisting the accused, he was in fact, probably unwittingly, acting in detriment to the accused," he said.
"Preventing the defence from advancing their case is very serious. This is an abdication of a judge's function."
The appeal continues Tuesday.
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