Judge steps down from hearing Anwar’s pardon case

High Court judge Datuk Asmabi Mohamed today disqualified herself from hearing Datuk Seri Anwar Ibrahim's judicial review application on the Pardons Board's decision to refuse him clemency. Lawyer Latheefa Koya, representing Anwar and his family in the recusal application, said the judge allowed her clients' request after hearing submissions. "The judge allowed our application after hearing both parties in chambers but gave no reason," she told reporters. The hearing only lasted 20 minutes. Federal counsel Suzana Atan had told the judge the application should be dismissed on grounds there was no real danger of bias. Latheefa, who was assisted by Shahid Adli Kamaruddin, argued that there would be an apparent bias if Asmabi presided over the case. In view of today's outcome, Latheefa said the judge also vacated another judicial review application by Anwar to challenge the Election Commission's refucal to let him vote in the Permatang Pauh by-election early this year. The case was scheduled before Asmabi tomorrow. Anwar, now serving a five-year prison term for sodomy, has applied to disqualify Asmabi two weeks ago from hearing a judicial review on the board's decision to refuse him clemency. Anwar said the judge was the same senior federal counsel who represented the government in his suit against former prime minister Tun Dr Mahathir Mohamad. The judicial review is to compel the board to revisit its earlier decision to refuse Anwar clemency. Anwar began his five-year sentence in February this year after the Federal Court upheld his conviction for sodomising his former aide Mohd Saiful Bukhari Azlan in 2008. Anwar, who was appointed deputy prime minister and finance minister in 1993 and was sacked on September 2, 1998, had challenged his dismissal on grounds that Dr Mahathir only informed the King of his removal after the fact. Asmabi had appeared in the suit at the Court of Appeal in 2007, which upheld a High Court finding that the prime minister had absolute power to appoint and dismiss his Cabinet members. Anwar's family members – wife Datuk Seri Dr Wan Azizah Wan Ismail, and daughters Nurul Izzah and Nurul Nuha – had on June 24 filed the judicial review to quash the board's March 16 decision. They want the bard to meet again to consider the petition for pardon and to advise the Yang di-Pertuan Agong accordingly. The applicants had named the Pardons Board of the Federal Territory, then Attorney-General Tan Sri Abdul Gani Patail and the government of Malaysia as respondents. Anwar, in his affidavit to support the application by Dr Wan Azizah and his children, also wants the Pardons Board to free him as there was clear evidence of a political conspiracy and fabricated evidence. He said the board had violated his rights as guaranteed in the Federal Constitution as the decision was arrived in breach of rules of natural justice. After Anwar lost his final sodomy appeal on February 10 before the Federal Court, his family on February 24 filed a royal pardon to the Yang di-Pertuan Agong on behalf of the former opposition leader. However, lawyers N. Surendran and Latheefa Koya, came to know that the family's pardon application was dismissed during a court proceeding on March 27. It was later revealed through an affidavit filed by director-general of the legal division of the Prime Minister’s Department Datuk Nursiah Arshad that the petition to reject the clemency was made on March 16. Anwar said his family were never officially notified about the rejection. – September 1, 2015.