04
Mar
10

PP v DSAI : KL High Court Sec 377 Penal Code – Recusal of Judge to Court of Appeal

PRESS STATEMENT

Dear All
We were today duly notified by the Registrar of the Court of Appeal that it will hear Anwar’s appeal on 19th March 2010 at 9am at Court of Appeal (COA) Putrajaya.
What is uniquely strange in the above instance is the UNPRECEDENTED manner in which the Court of Appeal has acted in its perceived alacrity and its super efficiency in fixing a hearing date EVEN before we, as solicitors, have filed a Petition of Appeal (POA). Indeed the COA has acted beyond its own Rules (Rules of the Court of Appeal 1994) (the Rules) which sets out the procedure clearly.
The Rules state that wherein upon the receipt of the Appeal Records, the Petitioner (DSAI) has 10 (ten) days to file into Court a POA and ONLY and ONLY after the filing of the said POA will the COA proceed to fix a hearing date of the Appeal.
In the current instance, I received the Appeal Records on 1st March 2010 from the High Court and according to the Rules as stated above I have 10 (ten) days i.e.until 11th March 2010, to file DSAI’s Petition of Appeal (stating the grounds). It is ONLY upon my filing of the POA shall the COA, in accordance with Rules, proceed to fix a date of the hearing of the Appeal.
In this case I have NOT filed my POA yet and to my sheer amazement, I was notified today by the COA that it has already fixed a hearing date which is 19th March 2010.
The COA has astonishingly “departed from established norms” in this appeal process involving DSAI. The unprecedented manner in which the COA has acted is disturbing and is outrageous.
It is noteworthy that when DSAI previously made various appeals to the COA and to the Federal Court by also simultaneously filing a certificate of urgency for an early hearing, I did not see any such super effiency as is in this instance. From the above actions of the COA, there seems to be a clear case of discrimination towards DSAI in the COA’s blatant disregard for the Rules as stated above and this is wholly unacceptable.
Sankara N Nair
Legal Counsel for Dato Seri Anwar bin Ibrahim

7 Responses to “PP v DSAI : KL High Court Sec 377 Penal Code – Recusal of Judge to Court of Appeal”


  1. 1 NIBONG TEBAL GUY Mar 4th, 2010 at 8:59 am

    Dear Sankara, this is a very SERIOUS matter, where the courts are “placing the cart before the horse”. This would become a PRECEDENT in the future and looking at it, IT IS SURE THEY ARE FIXING UP DSAI. We are commoners and even in Common Law it does NOT make any sense. We need to fight hard (if not smartly) to protect and preserve the Rule of Law and DSAI. The rakyat and members of PKR/PR will support your actions.

    Thank you for highlighting this serious crime of the courts. How to charge them? When the case submitted in English is void and how come this action of the court be accepted? Lawan MESTI Lawan.

    Reply

  2. 2 hamba Mar 4th, 2010 at 10:50 am

    I AM TRULY A MALAYSIAN.

    EVEN MY TWO YEARS OLD SON WILL KNOW THAT THE CART HAS TO BE BEHIND THE COWS.

    MY GOODNESS, WHAT’S HAPPENING TO OUR SYSTEM.

    HAMBA

    Reply

  3. 3 musyu Mar 4th, 2010 at 12:20 pm

    malaysia boleh… under the BN regime everything boleh… wait till PRU13… rakyat will give their judgement…

    Reply

  4. 4 Sam Mar 4th, 2010 at 2:02 pm

    This court should be correctly called UMNO’s Court of Appeal. This is a clear indication that the court is more than eager to dismiss the Appeal. They just can’t wait.
    What justice can be expect when morons sit on the bench.

    Reply

  5. 5 Das Mar 4th, 2010 at 2:45 pm

    PERFORMANCE NOW!…..Was this not one of Najib manefesto when he took charge after displacing or rather toppling AAB?! Get ready for more “fun” from this funny government as they parade and drag in shit Malaysia’s name on the international stage!

    Wait patiently for the next GE, folks!

    Das

    Reply

  6. 6 haisara Mar 4th, 2010 at 11:41 pm

    Salam

    Its all a grand game plan which they had already laid out with various options. They had plans being set forth and the only problem is that somebody is so stupid to act before the expected even took place.

    Yet, they expect us to honor the court which was acting like morons of the highest degree.

    Reply

  7. 7 layman Mar 5th, 2010 at 11:11 pm

    Tak ada yang nak dihairankan. Dulu DSAI dituduh liwat sebelum kondiminiun Trivoli siap lagi.

    Reply

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