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2016 MarsdenLR 761

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


Table of Content
1. application for evidence regarding a past incident. (Para 1 , 2 , 3)
2. arguments presented by both the applicant and respondent. (Para 4 , 5 , 6 , 8 , 9)
3. judicial rationale behind dismissing the application. (Para 10 , 12 , 21 , 29)
4. court observations on jurisdiction and process. (Para 11 , 19)
Zulkefli Ahmad Makinudin CJM:

Preliminary

[1] This is an application by the applicant, Dato Seri Anwar Ibrahim, by way of motion for the oral testimony of Dato Ramli bin Yusuff ("Dato Ramli") to be taken by this court pursuant to s 93 of the Courts of Judicature Act 1964 ("CJA 1964"). The oral testimony of Dato Ramli is sought to be used as evidence at the hearing of his application dated 30 April 2015 for the exercise of inherent jurisdiction by this court under r 137 of the Rules of the Federal 1995 ("RFC 1995") to review his case. This court had earlier dismissed on 10 February 2015 the applicants appeal against the decision of the court of Appeal in allowing the appeal by the Public Prosecutor against the decision of the High court in acquitting and discharging the applicant for the offence of sodomy punishable under s 377B of the Penal Code.

[2] In the affidavit in

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