In relation to the section 51A Criminal Procedure Code documents, the Court of Appeal allowed the appeal of the Public Prosecutor on 6.11.2009 following which on 17.11.2009, Datuk Seri Anwar Ibrahim appealed to the Federal Court against that decision.
By fax transmission dated 29.12.2009, my firm was informed by the Registry of the Federal Court that the Federal Court had fixed the date of hearing of the appeal on 6.1.2010. In the same letter of notification, my firm was also asked to file the Petition of Appeal on an urgent basis. My firm was taken aback by this development because the Record of Appeal had yet to be served on us as at the date of notification of the hearing.
On 30.12.2009, my firm received a letter dated 23.12.2009 through poslaju, serving on my firm the Record of Appeal and the Additional Record of Appeal.
By Rule 95(1) of the Rules of the Federal Court 1995, my firm is required to file a Petition of Appeal within a period of ten days after service of the Record of Appeal.
Clearly, in the circumstances, the Petition of Appeal is required to be filed by 9.1.2010. The 9.1.2010, which being a Saturday and therefore a holiday, with Sunday being an intervening holiday, my firm is required to file the Petition of Appeal by 11.1.2010.
It is impossible under the circumstances for the hearing of the appeal to proceed on the 6.1.2010.
In any event, Mr. S. N. Nair of our firm who is the solicitor in charge, left for India on 28.12.2009 and is only due to return in the late evening of 5.1.2010.
The procedure adopted in relation to the matter herein is certainly unprecedented and does not, and cannot, serve the end of justice.
S. N. NAIR
COUNSEL FOR DATUK SERI ANWAR BIN IBRAHIM