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FAC
News - Wednesday, March 19, 2003 12:44 AM
Judge part of conspiracy to frame Anwar
Did the conspiracy to frame Anwar Ibrahim on
trumped-up charges extend higher than the Attorney-General and Public
Prosecutors? Did it also involve the Trial Judge as well?
If, in the beginning, these were just suspicions,
today, we can safely say that the Trial Judge was certainly part
of the conspiracy, maybe even the most important component in that
gang of slime balls.
What was revealed via Anwar Ibrahim’s latest
Affidavit filed in the Federal Court on Friday,
14 March 2003, is most interesting. This Affidavit contains
copies of three letters that a prominent lawyer, Manjeet
Singh Dhillon, wrote - one addressed to the recently-retired Chief
Justice.
If - and I repeat “IF” - up to now the claim
that Anwar Ibrahim is a victim of a frame-up was but a mere allegation,
this new Affidavit and its three attachments now prove it beyond
any shadow of doubt.
Little wonder the court panicked and decided
to postpone Anwar’s Judicial Review scheduled for yesterday. Officially,
they need more time to “find two more judges”. Word from our contacts
in court, however, is they need more time to study this Affidavit.
The truth is, they probably need more time to
confer with the Acting Prime Minister, Abdullah Ahmad Badawi, or
look for Dr Mahathir Mahathir Mohamad who is holidaying somewhere around the world
to obtain further instructions on how to conduct a “damage control”
exercise.
Those who know how the corrupt Malaysian judiciary
works (the best money can buy) say this new and most damaging piece
of evidence is not going to change anything. They have already written
the judgment before even sitting down to hear the case.
This may be so as far as the legal aspects of
the case is concerned. But it is not so easy as far as the “political
fallout” is concerned. In the end, the powers-that-be will still
have to face the voters come next election and the “court of public
opinion” might not concur with how the court rules.
Remember, in an open hearing, the public is
allowed to witness the proceedings and, for sure, what transpires
will be widely reported all over the world.
However, there are a few things they can do
to “soften” the blow:
1) Refuse to allow this new Affidavit to be
admitted into the hearing. Therefore no one will know about it.
2) Hold the Judicial Review the day the US
attacks Iraq.
Then the whole world’s focus will be on the US-Iraq war and no one
will pay attention to the Anwar trial.
3) Hold the Judicial Review for just five minutes,
say that the court has considered the application for a Judicial
Review and has found that there are no grounds for one, and then
adjourn without further discussion.
The betting counter is now open. Which plan
do you think they will adopt?
“It has been brought to my knowledge that, on
the 26th of February 2003, one of my counsels, Zainur
Zakaria, faxed copies of letters he received from Manjeet
Singh Dhillon to Christopher Fernando
(another of Anwar’s counsels),” said Anwar in his 14 March 2003
Affidavit.
“The letter sent to Zainur
Zakaria contained an enclosure which is a letter written
by Manjeet Singh Dhillon to the Chief Justice (the recently retired one) where
Manjeet Singh Dhillon made a formal complaint against Justice Augustine
Paul (the trial judge) for improper conduct in the Zainur
Zakaria case which occurred during my
trial.”
“These two letters were faxed to Fernando as
he is my lead counsel in my upcoming appeal (the second, sodomy,
conviction) before the Court of Appeal beginning on the 24th of
March, 2003, and obviously also because what is stated in those
letters affect me and the trial process I was subjected to.”
“This evidence was not available to me during
my trial and this evidence is relevant to my case. Such evidence
is credible and believable coming from a witness who is a senior
and respected Advocate and Solicitor and a former Chairman of the
Bar Council. Last but not least, this evidence would have had a
decidedly important influence on the outcome of my case.”
Anwar then relates what transpired that would
make this incident crucial to his case:
“Manjeet Singh Dhillon
was requested by Tan Sri Mohtar Abdullah
(the Attorney-General then who has been in a comma since the last
few months) to see him before proceedings for the proposed contempt
proceedings against himself and Zainur
Zakaria began that morning.”
“The request was made through Manjeet’s
counsel, Jagjeet Singh.”
“Manjeet reluctantly
agreed and met with Tan Sri Mohtar Abdullah.
They met at the anteroom at the courthouse in the presence of Datuk
Abdul Gani Patail
(the Public Prosecutor), Datuk Azhar Mohamad (another of the Prosecutors), and Jagjeet Singh.”
“Upon seeing Manjeet,
Tan Sri Mohtar went up and hugged him and turned around and told Abdul
Gani and Azhar
that Manjeet was an altruist and apologized to Manjeet for not having done anything on his letter in which
he had leveled accusations against the two Prosecutors.”
“Tan Sri Mohtar added
that he had not as yet taken this matter up with his officers.”
“Manjeet responded
by reminding Tan Sri Mohtar that he had
made very serious allegations against his officers and had written
to him expecting something to be done but that nothing had been
done.”
This letter that they are talking about is the
complaint Manjeet sent Tan Sri Mohtar regarding
Abdul Gani and Azhar
attempting to extort fabricated evidence from his (Manjeet’s)
client Datuk Nalla Karuppan
to be used against Anwar in exchange for Nalla’s
life.
“Tan Sri Mohtar did
not deny or refute Manjeet’s allegations
against his officers and both Abdul Gani
and Azhar remained silent.”
Though faced with the prospect of a death sentence
if he does not “cooperate”, in September 1998, Datuk Nalla
Karuppan made a signed statement denying that Anwar was involved
in any sexual improprieties.
During the course of Anwar’s trial, Manjeet
and Zainur brought this matter to the
attention of the court. However, instead of acting on the information,
the judge, Augustine Paul, asked the two lawyers to withdraw the
allegation and apologise or else he would
hold them in contempt.
When Zainur refused
to do so, this angered the judge and, in a move that shocked the
entire legal fraternity, he cited Zainur
for contempt and sentenced him to three months jail; a most unusual
and perplexing move indeed.
“This unusual attitude of the trial court had
effectively deprived me of the opportunity of exposing an evil plot
against me to secure my conviction by devious means, perpetrated
by none other than the two main prosecutors in my case, one of whom
is now the Attorney General,” argued Anwar.
Zainur Zakaria
subsequently appealed against his contempt conviction and three-month
sentence and the Federal Court acquitted him on grounds that there
was indeed an attempt to fabricate evidence against Anwar and that
Zainur was right in bringing it up.
The question now one needs to ask is, if Zainur
was right in bringing this matter up as it was true, how would this
affect Anwar’s guilty verdict which, therefore, was obtained based
on fabricated evidence?
MORE ON THE ZAINUR ZAKARIA
STORY:
The
Zainur Zakaria Story
Letter
from Manjeet Singh Dhillon to Tan Sri Mohtar Abdullah, 12th October
1998
Statutory
Declaration by Manjeet Singh Dhillon, November 9th, 1998
Judgment
of the Federal Court delivered by Tan Sri Datuk Steve L.K. Shim
Judgment
of Abdul Malek Ahmad
Judgment
of Haidar Mohd Noor
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