Anwar Ibrahim

Anwar denied right to counsel at panel hearing

By Kit

June 08, 2010

By Clara Chooi | The Malaysian Insider

KUALA LUMPUR, June 8 — The Parliamentary Rights and Privileges Committee has summarily rejected Datuk Seri Anwar Ibrahim’s application to allow his counsel to attend his hearing on the APCO-Israel issue today.

Committee members Karpal Singh (DAP-Bukit Gelugor) and R. Sivarasa (PKR-Subang) told a press conference in Parliament after the panel concluded its meeting that the decision was made after the votes were taken from the members.

“Anwar Ibrahim (picture) has been denied counsel. He cannot appear with counsel.

“The decision was made whereby I and Subang (Sivarasa) were against it while all four Barisan Nasional committee members were for it.

“The vote was not unanimous,” said Karpal. A total of seven lawmakers sit on the panel including Speaker Tan Sri Pandikar Amin Mulia as chairman and six members — Karpal, Sivarasa, Datuk Razali Ibrahim (BN-Muar), Nancy Shukri (BN-Batang Sadong), Deputy Speaker Datuk Ronald Kiandee (BN-Beluran) and Datuk Seri Dr Fong Chan Onn (BN-Alor Gajah).

“It was a four-two vote score,” said Karpal.

He noted that the decision was a far-reaching one as it went against the rules of “common sense and natural justice”.

“Standing Order 83 Rule 7A clearly states that a person under trial is allowed his right to have his counsel present during such a hearing like this,” he said.

Karpal added that the hearing would proceed tomorrow without the presence of Anwar while a representative from APCO Worldwide would be present to give evidence on behalf of the company.

“This again goes against the rules of natural justice because you cannot take evidence in the absence of a person accused of an offence.

“We take a serious view on what has just happened; we would have thought that Anwar would have been given a right to counsel and to full representation. Let us see what happens tomorrow,” he said.

Anwar is facing the committee for making statements in Parliament’s last session linking APCO, a public relations firm employed by the government, to the Zionist Israeli regime.

He also claimed that APCO was the brainchild behind the prime minister’s 1 Malaysia concept and the One Israel campaign.

Sivarasa said according to Standing Order 83 Rule 7A, parties whose conduct forms the subject matter of the investigation by the committee would be allowed the right to counsel representation during the hearing.

“This is why Anwar applied. He stands accused of the offence and if found guilty, he will suffer penal consequences. It is fundamental principles of justice but the majority was against it.

“After all, we have agreed that even if APCO should require it, they can be represented by their lawyer but here the main person in question is denied this right,” said Sivarasa.

He noted that the decision could not be appealed.

“There is no appealing and at this point Anwar will be summoned again on a later date yet to be fixed to stand before the committee. However for now, the hearing proceeds tomorrow at 11.30am without his presence,” he said.

Karpal, however, said the matter would likely be raised once the committee makes its recommendations to the House.

On the banning of MPs from attending the hearing, Sivarasa said the Standing Orders were silent on the matter.

“However, we believe that like in the UK, of which we share the same parliamentary practice, MPs should be allowed into the hearing to merely observe the proceedings — not to disrupt but just to observe,” said Sivarasa.

Earlier today, Anwar attempted to attend the meeting with a large team of Pakatan Rakyat MPs and his lawyer but were blocked from doing so.

The committee then told him that his counsel, former Bar Council president Datuk Ambiga Sreenavasan, would be allowed into the hearing but would not be allowed to make submissions or ask questions.

Following his appeal, Pandikar Amin agreed that the committee would reconsider his application for counsel representation. The meeting proceeded until 1.40pm.