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2014 MarsdenLR 1430

FEDERAL COURT PUTRAJAYA
DATO SERI ANWAR IBRAHIM – Appellant
Versus
PP – Respondent


Petitioner Advocates:Sulaiman Abdullah,Leela Jesuthasan,Latheefa Koya,Mohd Radzlan Jalaludin,Afiq M Nor ,Respondent Advocate: Manoj Kurup

Table of Content
1. application for expunging paragraph of judgment. (Para 1 , 1 , 2)
2. arguments on reputation and remarks in judgment. (Para 3 , 4 , 5 , 6 , 7 , 8)
3. court’s discretion in exercising inherent powers. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. importance of proving charge elements. (Para 16 , 18 , 21)
5. the ratio decidendi concerning elements of the offence (Para 17)
6. judgment based on essential elements of the charge (Para 19)

[1] This is an application by the applicant under r 137, Rules of the Federal 1995 ["RFC"] for this Court to exercise its inherent powers to expunge part of one paragraph of the judgment of His Lordship Abdul Hamid Mohamad FCJ [as he then was] in Federal Court Criminal Appeal No: 5 June 2003(W) and No: 5 July 2003(W) dated 2 September 2004. The impugned part of the paragraph sought to be expunged states as follows:

"... even though reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we were more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this Court, as a Court of law, may only convict the appellants if the prosecution has successfully prov

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