Judge recuses himself from hearing Anwar's suit against govt

KUALA LUMPUR: A High Court judge today recused himself from hearing a suit filed by former Opposition leader Datuk Seri Anwar Ibrahim against the government for his release from prison for sodomising his former aide Mohd Saiful Bukhari Azlan.
Judicial Commissioner Datuk Wan Ahmad Farid Wan Salleh made the decision in chambers during management of the case in the presence of lawyers N.Surendran and Latheefa Koya, representing Anwar, and senior federal counsel Nadia Hanim Mohd Tajudin, who appeared on behalf of the government.
Surendran told reporters that Wan Ahmad Farid recused himself from hearing the case on grounds that he was a former Deputy Home Minister in 2008 and had been briefed on the second sodomy case by the director of the criminal investigation department.
Following which, the court fixed Aug 10 for case management before a High Court deputy registrar.
Anwar filed the suit last April 17 in another attempt to be released from jail. He named the government as the sole defendant.
 Among others, he is seeking an order to set aside the decision of the Court of Appeal, dated March 7, 2014, and that of the Federal Court, dated Feb 10, 2015, based on perjured evidence by Mohd Saiful.          
Anwar was initially acquitted by the Kuala Lumpur High Court on Jan 9, 2012, but the Court of Appeal reversed the acquittal and sentenced him to five years jail.
    
On Feb 10, 2015, the Federal Court dismissed his appeal and upheld the conviction and sentence.
    
In the statement of claim, Anwar stated that Mohd Saiful had given perjured evidence, which to the knowledge of the defendant (government) was false, yet the defendant relied on and perpetuated the perjury to its advantage.
           
He claimed that the government had knowledge that the sodomy act by him was fabricated by Mohd Saiful.
Anwar said due to the fraud, the judgment of the Court of Appeal and Federal Court was invalid and should be set aside as provided under Section 44 of the Evidence Act.  
He is also seeking costs and other relief deemed fit by the court.  
 Anwar is currently serving a five-year jail sentence at the Sungai Buloh Prison for sodomising Mohd Saiful at Unit 11-5-1, Kondominium Desa Damansara, Jalan Setiakasih, Bukit Damansara here between 3.10pm and 4.30pm on June 26, 2008. — Bernama