The Federal Court today dismissed an application by former Opposition Leader Datuk Seri Anwar Ibrahim to admit former Commercial Crime Investigation Department director Datuk Ramli Yusuff's evidence in his sodomy conviction review bid, ruling that the evidence were irrelevant and insignificant.
Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, chairing a five-panel bench, held that there was no nexus between Ramli's testimony and Anwar's defence of political conspiracy for his review application.
"We find nothing in the testimony of Ramli that would disclose any evidence in relation to the applicant's (Anwar) defence of political conspiracy. The evidence of Ramli would be futile in the circumstances of the case," said Justice Zulkefli.
The panel also held that there was an overwhelming amount of evidence available for the court to decide on the guilt, or otherwise, of the applicant and there was no necessity to resort to outside information.
In the judgment, Justice Zulkefli said Anwar's acquittal and discharge by the High Court at the end of the defence case was not made on the ground of political conspiracy, although the trial judge did consider Anwar's defence.
Justice Zulkefli said based on proceeding records at the High Court, Court of Appeal and Federal Court, Anwar was given a fair trial and hearing and therefore he had failed to satisfy the requirement of Section 93 of the Courts of Judicature Act 1964 for admission of additional evidence.
He said given that the case on the black eye incident and the conspiracy to fabricate the evidence on the incident had already been concluded, it would be remote to admit the evidence on the present case to support Anwar's allegation of political conspiracy, which was altogether different in cause of action and relevancy.
The judge said that if the evidence was relevant to the appellant's case, it was only relevant to his previous sodomy case in 1998.
"It is our finding that the present case, there was no involvement of parties alleged to have conspired to fabricate the evidence as to what had allegedly taken place in the black eye incident," he added.
Anwar, 68, had on June 10, last year, filed an application seeking for Ramli's oral testimony to be accepted by the Federal Court and subsequently, used as evidence at the hearing of his review application.
In his notice of motion, Anwar said on May 27, 2015, Ramli had given a sworn testimony at the Kuala Lumpur High Court in a civil suit which supported his (Anwar's) defence that he was a victim of political conspiracy and fabricated evidence.
The witness statement by Ramli were in relation to the "black-eye incident" where Anwar had suffered injury in his eye as a result of being punched by former Inspector General of Polis (IGP) Tan Sri Abdul Rahim Noor and the alleged conspiracy by former Attorney General Tan Sri Abdul Gani Patail and former IGP Tan Sri Musa Hassan to stage a cover-up of the incident.
Justice Zulkefli further said Ramli's witness statement that was used in Anwar's affidavit in support of his application was not credible evidence as his affidavit amounted to hearsay because it attempted to establish the truth of the contents of the witness statement without the maker (Ramli) being examined on the subject matter.
He also said the prosecution in the affidavit-in-reply to Anwar's application had denied the involvement of Abdul Gani and Musa in the fabrication of the evidence in the present case.
Justice Zulkefli, who sat with Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Hasan Lah, Tan Sri Abu Samah Nordin and Datuk Zaharah Ibrahim, said Anwar's application was unsustainable and with no merit, and therefore dismissed it.
Anwar is currently serving a five-year sentence in the Sungai Buloh Prison for sodomising his former aide, Mohd Saiful Bukhari Azlan, 30, after losing his final appeal at the Federal Court to set aside his sodomy conviction.
However, on April 30 this year, he filed an application seeking from the Federal Court, which had convicted him, a review of the decision.
The Federal Court set July 21 to hear the review application.
The Court of Appeal overturned Anwar's acquittal and found him guilty of sodomising Mohd Saiful at Unit 11-5-1, Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara Kuala Lumpur, between 3.10 pm and 4.30 pm on June 26, 2008.
Bernama
Mon May 23 2016
ZULKEFLI: We find nothing in the testimony of Ramli that would disclose any evidence in relation to the applicant's (Anwar) defence of political conspiracy. - fotoBERNAMA
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.