Anwar seeks review of qazaf motion decision
Posted on February 22, 2012, Wednesday
KUALA LUMPUR: Opposition leader Datuk Seri Anwar Ibrahim yesterday filed an application for a review of the Syariah Court Appeal’s decision to set aside his qazaf (false allegation) appeal.
Anwar filed the appeal through his lawyer, Kamar Ainiah Kamaruzaman by naming Federal Territories syarie chief prosecutor Shamsuddin Hussain, Federal Territories Islamic Religious Department director Datuk Che Mat Che Ali and Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom as respondents.
The application was over the court’s decision to reject Kamar Ainiah’s application for Shamsuddin, Che Mat and Jamil Khir to seek permission to dismiss Anwar’s notice of appeal against the decision to set aside his qazaf motion against his former aide Mohd Saiful Bukhari Azlan.
Anwar had wanted to get the court’s order to compel Shamsuddin to prosecute Saiful.
The Syariah Court of Appeal’s three-men panel had on Jan 30 granted leave to Jamil, Shamsuddin and Che Mat to set aside Anwar’s qazaf appeal, stating that it was irrelevant and in vain.
In his application, Anwar claimed that the court had erred while the judgment was against the provisions of the law and court procedures.
He also claimed that the court made the decision without hearing applications from the respondents to seek permission beforehand and described it as unfair for a miscarriage of justice had occurred.
In addition, Anwar also asked the court to temporarily suspend all appeal proceedings on the case until further orders.
On April 23, 2010, Anwar filed an appeal against the Syariah High Court’s decision, rejecting his application to get the Syarie prosecution to commence qazaf proceedings against Mohd Saiful. — Bernama
