KUALA LUMPUR — March 12, 2018: A High Court today allowed an application by the government to strike out a suit by opposition politician Datuk Seri Anwar Ibrahim who claimed that his conviction and sentence for sodomy were based on fraud and perjured evidence.
According to judge Datuk Nik Hasmat Nik Mohamad, the suit did not state a reasonable cause of action, petty, an inconvenience and an abuse of the court process.
She also pointed out that the attorney-general has absolute power to initiate prosecution against anyone and it should not be questioned and is provided for under Article 145 of the federal Constitution.
On the issue of fraud, the count found that the issue was not specified in detail by Anwar.
“The court finds that the plaintiff did not name the officer or the defence witness who was alleged to have given false testimony,” she said.
The judge also said that it was inappropriate to associate the conviction and sentence for sodomy on the plaintiff based on fraud.
This is because during the trial at the high court, the plaintiff (Anwar) was found not guilty and acquitted and discharged from the sodomy charge but he was found guilty by the Court of Appeal and then the Federal Court.
“The claim that there was fraud during the trial had been mistaken by the plaintiff,” said Nik Hasmat, who ordered Anwar to pay costs of RM5,000 to the government.
The government filed the application to strike out the suit on May 12 last year on grounds that it was an abuse of the court process and had no reasonable cause of action, apart from claiming that the lawsuit was against the constitution and was seditious.
It was because of the false testimony that Anwar claimed the decision by the Court of Appeal and the Federal Court was null and void and could be set aside under the Evidence Act.
Anwar also sought a court order for his release from prison.
Anwar is serving a five-year jail term at Sungai Buloh Prison after he was found guilty of sodomising Saiful at the Desa Damansara Condominium in Bukit Damansara on June 26, 2008. — Bernama