Judge recuses herself from Sodomy II appeal
Justice Tengku Maimun Tuan Mat, one of the three Court of Appeal judges appointed to hear Putrajaya's appeal to set aside Datuk Seri Anwar Ibrahim's acquittal on a sodomy charge, has recused herself from the case.
Justice Datuk Ramly Ali, who led a three-man bench in earlier allowing Anwar’s application to disqualify Tengku Maimun, said she had voluntarily recused herself. The other judge on the panel is Datuk Zawawi Salleh.
Court of Appeal president Tan Sri Raus Sharif will appoint another judge to replace Tengku Maimun.
The hearing was adjourned to tomorrow and will proceed with an application to disqualify lawyer Datuk Seri Muhammad Shafee Abdullah as deputy public prosecutor for the government.
At the outset of today's proceedings, lawyer Karpal Singh applied for Tengku Maimun to be recused on grounds of perception of bias.
He said she was the judge in a defamation suit brought by Anwar against Tun Dr Mahathir Mohamad in 2004.
"She will be prejudiced as she believes that Anwar is homosexual," Karpal said.
He said Tengku Maimun had in her 2007 judgment adopted a Federal Court ruling three years earlier that Anwar had homosexual tendencies.
The apex court in a 2-1 ruling had then acquitted Anwar and his adopted brother, Sukma Darmawan Sasmitaat Madja, of sodomising Azizan Abu Bakar, the driver of Anwar's wife, Datin Seri Dr Wan Azizah Wan Ismail.
However, the court in its ruling said, "we find evidence to confirm that the appellants (Anwar and Sukma) were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen...".
In 1998, then prime minster Dr Mahathir said at a press conference that Anwar was a sodomiser.
"I cannot have a sodomiser in my cabinet; imagine a gay PM... nobody will be safe," Dr Mahathir said.
This was said days after Dr Mahathir sacked Anwar as his deputy.
Anwar then filed a defamation suit which was heard and decided upon by Tengku Maimun in 2007.
Tengku Maimun, who allowed Dr Mahathir's application to strike out the suit by Anwar, said there existed a judicial finding (Federal Court) that the plaintiff (Anwar) had indeed taken part in homosexual acts.
Anwar was freed in January last year of sodomising Mohd Saiful Bukhari Azlan, his former political aide, at Desa Damansara condominium on June 26, 2008. Putrajaya is appealing the decision. - September 16, 2013.
