Govt to file application to strike out Anwar's lawsuit

Shanti Gunaratnam

KUALA LUMPUR: The government will file an application to strike out Datuk Seri Anwar Ibrahim's lawsuit which alleges the former had falsified evidence that led to his five-year sentence on a sodomy charge.

Anwar's counsel Latheefa Koya said she was informed of the striking out application by Senior Federal Counsel Tengku Intan Soraya Tengku Ismail, who appeared for the government.

The matter came up for case management today before High Court deputy registrar Erry Shariman Nor Aripin.

Latheefa also said the court had instructed the government to file the application by May 18, when the case comes up for case management.

The former opposition leader had maintained his innocence of sodomising his former employee Mohd Saiful Bukhari Azlan, 31, on June 26, 2008, despite being convicted of the offence in 2014.

Anwar had filed a four-page statement of claim on April 17 as part of his suit against the government.

He is seeking an order that the conviction was null and void as well as an order for his immediate release.

Under Section 44 of the Evidence Act 1950, if a conviction was obtained by fraud, it can be subsequently set aside.

On March 27, 2014, Anwar, now 61, and incarcerated at the Sungai Buloh Prison, was convicted by the Court of Appeal of committing unnatural carnal intercourse against Saiful at Unit 11-5-1 of Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

He is currently serving a five-year jail term after losing his appeal at the Federal Court on Feb 10, 2015, to set aside his conviction on the charge.

The Federal Court, on Dec 14 last year, also dismissed Anwar's application to review its previous decision.

The government has yet to file its defence in relation to Anwar's lawsuit.