Wednesday, January 18, 2012

Anwar Ibrahim Sodomy II Acquittal. No Decision to Appeal, Yet

Other than a recommendation by the prosecution and pleadings by the aggrieved parties, there has been no conclusive decision to appeal the High Court's stunning verdict to acquit Anwar Ibrahim for Sodomy II.

Not yet.

It has been more than a week.

Questions remain.

One that is of interest, to most interested parties, is the written judgement of the decision to acquit.

It would seem that it would not be necessary or mandatory for the prosecution to receive the written decision when making the appeal.

Nor would it be mandatory for the judge to provide one until an appeal has been made.

Courts of Judicature Act 1964,

52. (1) When a notice of appeal has been filed the Judge by whom the decision was given shall, if he has not already written his judgment, record in writing the grounds of his decision, and the written judgment or grounds of decision shall form part of the record of the proceedings.

So, is there a written judgement?

Then there is a question in the matter of time by which the appeal must be lodged.

I believe that it is 14 days after the decision was delivered.

Notice of appeal

51. (1) Every appeal shall be by notice in writing which shall be filed with the Registrar of the Court from which the appeal lies at the place where the decision appealed against was given within fourteen days after the date of the decision.

14 working days?

In my other post and from the link provided,
"The calculation of the 14 days when the last day of the time period falls on a weekly or public holiday was discussed in the case of Kentucky Fried Chicken [1976] 2MLJ 145 that the date which the sentence is passed is excluded and where the last day falls on a Sunday or weekly holiday, the last date to file would then be Monday, the next working day."
would mean that the last day to file an appeal would have to be the 24th of January but it being a public holiday, the final day will be the next day, 25th this month.

Be that as it may and even if the AG's office decides not to appeal, and even though I read it to be in relation to time and place,

Sittings of the Court

39. (1) The Court shall sit on such dates and at such places as the President may from time to time appoint:

Provided that the President may, when he deems it expedient, direct that any appeal be heard at any time and in any place in Malaysia.

(2) The President may cancel or postpone any sitting of the Court which has been appointed under subsection (1).

Interpretation of the laws has been argued, no?

Well, if a Bar Council constitutional expert can declare that Islam is not the official religion of Malaysia, I too can interpret the law as I see it.

Will the AG appeal?

I still say yes.

An indication? "CJ: Senior judges cannot influence decision by lower courts"
Meanwhile, Court of Appeal President Tan Sri Md Raus Sharif said there would not be any expansion on the number of judges to sit on the appellate panel to hear criminal and civil cases.

He, however, said he would consider constituting a panel comprising more than three judges in exceptional cases if there was an application made by parties in the case.

At the opening of the Legal Year 2012 held on Saturday, Arifin announced that effective January this year, all criminal and civil cases at the Federal Court would be heard by a panel comprising five judges as compared to three previously.

He said the increase in the number of judges to sit on the panel was aimed at improving the quality of judgments and decisions. - Bernama
Yes or no?

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