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Anwar lawyer sentenced

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Matthew Townsend

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Dec 1, 1998, 3:00:00 AM12/1/98
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>Date: Tue, 1 Dec 1998 23:20:39 GMT
>To: m...@ozemail.com.au
>From: Majo...@guardian.co.uk
>Subject: Majordomo file: list 'guardian-weekly' file
'gw-international/1998.12.6/9f17033'
>Reply-To: Majo...@guardian.co.uk
>
>--
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>International News / Anwar lawyer sentenced / John Gittings in Hong Kong
>
>Anwar lawyer sentenced
>
>John Gittings in Hong Kong
>
>MALAYSIA'S rule of law was in crisis this week after a lawyer defending the
sacked deputy prime minister Anwar Ibrahim was sentenced for contempt of
court amid accusations that the prosecution was seeking to persuade a
potential witness to lie.
>An arrest warrant was also issued against the defence counsel in a related
case.
>Mr Anwar's defence lawyer, Zainur Zakaria, was found guilty of contempt
after submitting an affidavit from his client claiming that two prosecutors
had abused their position. Mr Anwar said they wanted a friend of his to
implicate him falsely in illegal sex acts with "various married and
unmarried women".
>But Judge Augustine Paul said the affidavit was "an interference with the
course of justice". He sentenced Mr Zainur to three months in jail without
allowing the defence to argue its claim.
>This sentence was later stayed by the appeal court until Friday so that Mr
Zainur could appeal. Mr Anwar turned to the public gallery and said: "Where
is the justice now?"
>The British barrister Charles Flint QC, observing the Anwar trial for the
English Bar human rights committee, said the proceedings "raise grave
concern for the rule of law".
>He said: "It appears to be an extreme use of the powers to punish for
contempt of court, which will have the effect of intimidating lawyers for
the defence."
>The case of Mr Anwar's friend Nallakaruppan (known as Nalla) has already
caused legal disquiet because he faces a mandatory death penalty for what is
normally a technical offence involving a permit for firearms.
>Human rights observers regard the case as prima facie evidence that the law
is being manipulated for political ends.
>The prosecutors Abdul Gani Patal and Azahar Mohamed are accused by defence
lawyers of suggesting the death penalty could be dropped if Nalla testified
on Mr Anwar's alleged sexual affairs.
>The Guardian Weekly Volume 159 Issue 23 for week ending December 6, 1998,
Page 3
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Matthew Townsend
Barrister & Accredited Mediator
Lecturer in Environmental Law, Victoria University of Technology
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