PUTRAJAYA: Datuk Seri Anwar Ibrahim lost his final appeal to recall retired investigating officer Supt Judy Blacious Pereira to give additional evidence in his Sodomy 2 case.
Federal Court judge Suriyadi Halim Omar, who chaired a five-member panel, allowed an application by the prosecution to strike out the PKR leader's appeal.
"It did not finally disposed rights of the appellant in the main appeal (prosecution's appeal against Anwar's acquittal over sodomy charge)," the judge said in unanimous decision.
"We are of the view that the decision of the Court of Appeal in rejecting Anwar's application to recall Supt Jude falls under Section 87 of the Courts of Judicature Act 1964," Justice Suriyadi said.
Section 87 stated that the Federal Court have the jurisdiction to hear and determine criminal appeals.
Justice Suriyadi said the Court of Appeal's ruling did not fall within the interpretation of the word "decision" under Section 3 of the same Act.
Section 3 stated decision means judgment, sentence or order, but does not include any ruling made in the course of a trial or hearing of any cause or matter which does not finally dispose of the rights of the parties.
Speaking to reporters here, lead prosecutor Tan Sri Muhammad Shafee Abdullah said the apex court's ruling meant that "It (Court of Appeal's ruling) is not an order of a finality nature.'
This means that the prosecution's appeal against Anwar's acquittal over the sodomy charge will be heard for two days from Thursday.
The Court of Appeal had on Feb 12 dismissed Anwar's application to recall Supt Jude in his sodomy case over the issue of his credibility.
Court of Appeal judge Justice Aziah Ali held that Anwar had failed to fulfill the conditions of Section 61 of the same Act over additional evidence.
Justice Aziah has ruled that the recalling of Supt Jude would not have important influence in the case as the trial judge had not only relied on Jude's evidence but also testimonial from the complainant and doctors who testified in the sodomy trial.
Anwar was acquitted by the High Court on Jan 9, 2012 for allegedly sodomising Mohd Saiful Bukhari Azlan, his former aide, at Desa Damansara Condominium in Bukit Damansara on June 26,2008.
Win a prize this Mother's Day by subscribing to our annual plan now! T&C applies.
