KUALA LUMPUR, Oct 6 ― The High Court today fixed November 20 to hear the Malaysian government's application to strike out the suit by Datuk Seri Anwar Ibrahim for his acquittal and release from prison on his sodomy conviction.
Senior federal counsel Nadia Hanim Mohd Tajuddin, representing the government, told reporters that High Court Deputy Registrar Rumaizah Baharom set the date in chambers during case management which was also attended by counsel Shahid Adli Kamarudin, representing Anwar.
Shahid, meanwhile, said the court had also set November 16 for case management before the application is heard before Justice Datuk Nik Hasmat Nik Mohamad.
On May 12, the government filed the application to strike out the suit by the former opposition leader on the 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.
Anwar, who filed the civil suit on April 17 and named the government as the sole defendant also sought for the decision by the Court of Appeal March 7, 2014 and the Federal Court on February 10, 2015 be set aside due to the perjured testimony by Mohd Saiful Bukhari Azlan , the victim and main prosecution witness.
He said the Court of Appeal had struck out the decision of the High Court which had acquitted and discharged him, and convicted and sentenced him to five years’ jail. The Federal Court, however, dismissed his appeal on February 10, 2015 and upheld the sodomy conviction and jail sentence.
Anwar also claimed that the defendant knew that Mohd Saiful had lied during his court testimony but had continued to use the latter's testimony to their own advantage.
Due to the alleged fraudulent evidence, Anwar claimed that the Court of Appeal's decision which was upheld by the Federal Court was null and void and could be set aside under Section 44 of the Evidence Act 1950.
He also sought costs and other relief deemed appropriate by the court.
Anwar is now serving a five-year jail term at Sungai Buloh Prison after he was found guilty of sodomising Mohd Saiful at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, here, between 3.10pm and 4.30pm on June 26, 2008. ― Bernama