PUTRAJAYA: The Court of Appeal has fixed Feb 23, next year, to decide whether Datuk Seri Anwar Ibrahim's lawsuit against the government over his sodomy case against his former aide Mohd Saiful Bukhari Azlan, should be reinstated.
A three-man bench led by judge Datuk Lee Swee Seng fixed the date after hearing arguments from the PKR president's lawyer Datuk Seri Gopal Sri Ram, senior federal counsel Suzana Atan and lawyer Harvinderjit Singh who represented Tan Sri Muhammad Shafee Abdullah as the intervenor.
The other judges who presided in the proceeding which was conducted via Zoom were Datuk Abu Bakar Jais and Datuk Supang Lian.
Anwar is appealing against the High Court's decision on Nov 8, 2017, which allowed the government's application to strike out his originating summons over his sodomy 2 conviction.
Earlier, Sri Ram submitted that the case should be sent back to the High Court so that the veracity of the RM9.5 million payment that was purportedly made to Shafee to conduct the prosecution in the sodomy appeal could be tested.
He said this however could only be done in the High Court as the intervenor (Shafee) needed to be cross-examined.
"We are entitled at the hearing of the originating summons to cross-examine the intervenor which cannot be done here (Court of Appeal).
"We are just saying, give us an opportunity to test the veracity of this payment," he said adding that this was not a case to strike out.
Sri Ram had argued that his client did not receive a fair trial following Shafee's failure to disclose the payment.
He said the senior lawyer had actively concealed the fact that he was paid by a material witness who was then prime minister Datuk Seri Najib Razak who has interest in the outcome of the Sodomy 2 case.
This, he said, had rendered the hearing unfair.
Meanwhile, Suzana submitted that the High Court's decision to strike out the lawsuit was based on facts and evidence.
She said she stood by the lower court's decision which ruled that the allegation on the RM9.5 million payment to Shafee was groundless as it was not in the knowledge of the appellant (Anwar).
The Port Dickson member of Parliament filed the originating summons on June 9, 2017, naming the government as the defendant.
He claimed that he did not get a fair trial in the appeal against his sodomy conviction.
He also sought a declaration that his conviction by the Court of Appeal on March 7, 2014 was ultra vires to the Federal Constitution and was thus null and void.
He also wanted an order that the decision by the Federal Court in upholding the Court of Appeal's decision on his conviction was also ultra vires and therefore null and void.
In his affidavit, Anwar alleged that Shafee received RM9.5 million from Najib to lead the prosecution team in the appeal over his sodomy conviction.
Anwar's conviction and five years' jail term for sodomising Mohd Saiful were upheld by the Federal Court. He was however given a full pardon by the King on May 16, 2018.