PUTRAJAYA: Court of Appeal judge Justice Datuk Wira Mohtarudin Baki yesterday recused himself from a three-man bench of the court that was to hear Datuk Seri Anwar Ibrahim’s appeal to set aside two charges he is facing under the Peaceful Assembly Act 2012 over his alleged involvement in the Bersih 3.0 rally last year.
Justice Mohtarudin said both he and Anwar ‘berkongsi besan’ (shared same in-laws) and due to the personal relationship, they were bound to bump into each other in ‘kenduris’ (feasts).
“I am not comfortable to hear the appeal. I would like to recuse myself,” said Justice Mohtarudin.
The panel chaired by Justice Datuk Balia Yusof Wahi was scheduled to hear Anwar’s appeal today but the matter was rescheduled to Feb 5 next year after Justice Mohtarudin recused himself.
The other judge on the panel was Justice Datuk Rohana Yusuf.
Justice Balia said the appeal would be heard by a new Court of Appeal panel.
Anwar, 66, is appealing against the Kuala Lumpur High Court’s decision on Jan 18 this year which had dismissed his application to have two charges he is facing under the Peaceful Assembly Act be struck out.
Anwar was charged on May 22 last year with violating a court order by taking part in the Bersih 3.0 rally at Dataran Merdeka on April 28, last year.
Parti Keadilan Rakyat deputy president Mohamed Azmin Ali and Rembau PKR branch chief Badrul Hisham Shaharin were also charged with the same offence.
They are also facing another charge with abetting three individuals in disobeying a court order prohibiting any assembly at Dataran Merdeka that day, where they were alleged to have instigated R. Tangam, Rajesh Kumar and Farhan Ibrahim @ Alias to remove the barriers put up by the authorities at Dataran Merdeka.
Anwar was represented by counsel Karpal Singh while deputy public prosecutor Ishak Mohd Yusoff appeared for the prosecution. — Bernama