Anwar’s lawyers seek house arrest over his deteriorating health condition
Datuk Seri Anwar Ibrahim’s lawyers want him to be held under house arrest so that he can get access to medical care and treatment.
Arguing that he needs to be placed on a strict gluten-free diet and attend intensive physiotherapy, Anwar’s lawyers have urged the government to place him under house arrest instead, so he can visit his doctors for treatment.
Since being imprisoned on February 10 this year, Anwar has lost some 6kg in weight and a recent round of tests at Kuala Lumpur Hospital, a visit that was a delayed for four weeks, revealed a host of medical issues including irregular blood pressure; a 4 cm growth on his kidney; chronic arthritis; and a muscle tear on his shoulder.
In response, Prime Minister Najib Razak yesterday ordered that Anwar be given appropriate treatment for his medical conditions. “I take note of (Anwar’s) health and I want the relevant authorities to ensure that he receives the appropriate treatment,” Mr Najib said in a post on Twitter.
Saya ambil maklum kesihatan DS Anwar Ibrahim dan saya mahu pihak berkenaan mempastikan beliau menerima rawatan sewajarnya.
The Court Upholds Anwar Ibrahim’s Five-Year Jail Sentence, Starting Immediately
Anwar’s five years imprisonment sentence is maintained, effective immediately.
Anwar’s request that he serve his sentence in the Sungai Buloh prison and not the Kajang prison has been granted, according to his laywer Gobind Singh.
Anwar now spending his last moments of freedom with family, friends & supporters. Lots of hugs, tears & words of encouragement.
Anwar Tells The Judges, “You Have Effectively Murdered The Judiciary”
Earlier when Anwar was given the chance to mitigate the sentence, he began by saying: “My family and I receive this judgement with the strength from God. I maintain my innocence. “It doesn’t come into a coincidence that the PM’s office released a fully written statement just minutes after you delivered your judgment even before giving the sentencing.”
The judges chose to leave the bench when Anwar raised the issue of political conspiracy, and criticised them for “bowing to their political masters”. “You could have carved your names. But in bowing to the dictates of your political masters, you have become partners in the murder of the judiciary. You chose to remain on the dark side,” he adds, prompting Justice Arifin to tell him to stop.
When Anwar refused, the judges left. However, the opposition leader continues speaking in a loud tone, vowing that he will continue to fight for justice and freedom. “I will not surrender.”
The court also issued a warrant of committal against Anwar for his outburst against them.
Federal Court Delivers The Final Verdict: Anwar Is Guilty Of Sodomy
Chief Justice Tun Arifin Zakaria says in his judgment that Saiful Bukhari Azlan, who had accused Datuk Seri Anwar Ibrahim of sodomising him, is a credible witness. “We find PW1 (Saiful) to be a credible witness,” said Arifin. He went on to say: “We find ample corroborative evidence to support Saiful’s testimony.” He added that the trial judge had also found ample corroborative evidence that he was sodomised. “We have no reason to disturb this finding,” Arifin added, still reading his judgment.
Arifin also said that Anwar did not dispute that he was in the condominium and that Saiful was also there. “We hold there is no merit to the complaint of political conspiracy. “A mere denial (from Anwar) does not mean it could be accepted. A political conspiracy allegation remains unsubstantiated,” he adds.
Anwar, the PKR de facto leader, will lose his Permatang Pauh parliamentary seat if he is fined more than RM2,000 or jailed for more than a year and does not receive a free pardon. Anwar, 68, is staring at a five-year jail sentence meted out by the Court of Appeal, which in March last year overturned High Court’s decision to acquit him of sodomising his former aide, Saiful.
A statement from the Malaysian government said: “The judges will have reached their verdict only after considering all the evidence in a balanced and objective manner. Malaysia has an independent judiciary, and there have been many rulings against senior government figures.
Sodomy Appeal Day 6: The Lead Prosecutor Questions Anwar’s Alibi
The hearing of the final appeal of PKR advisor Datuk Seri Anwar Ibrahim against a sodomy conviction and five-year jail sentence entered its sixth day today at the Federal Court, with the prosecution resuming its submission adjourned from yesterday.
After an extended hearing, the Federal Court will today hear the prosecution wrap up its submissions against Datuk Seri Anwar Ibrahim’s sodomy appeal before the defence gives a closing reply. It is not clear, however, if the bench of five judges will deliver judgement today.
Meanwhile, Anwar’s counsel Ramkarpal Singh told reporters that he, lead counsel Datuk Seri Gopal Sri Ram and Sangeet Kaur Deo would reply to the prosecution’s submission. He said if the defence could not finish their reply today, the hearing is expected to continue tomorrow.
The decision by Datuk Seri Anwar Ibrahim’s defence not to call any witnesses to corroborate his alibi despite naming 13 individuals gave reason for the courts to make an “adverse inference,” lead prosecutor Tan Sri Muhd Shafee Abdullah said today. The private lawyer leading the prosecution in the opposition leader’s sodomy appeal said that the move also nullified what would otherwise have been the “most independent corroborative evidence” against the alleged sodomy.
Shafee added that the defence also needed to prove the claimed alibi after introducing it to counter the allegations made by Anwar’s accuser and former aide, Saiful Bukhari Azlan. “The defence cannot simply abandon the defence of alibi; once you have opened the umbrella, you must use it irrespective of rain or shine,” Shafee argued in the Federal Court today. The chief prosecutor then said Anwar never “specifically” denied being at the apartment unit where the alleged sodomy was said to have taken place, and instead only said he did not perform the sexual act.
Sodomy Appeal Enters Day 5 With A Towel, Water Bottle And Toothbrush
The hearing of the final appeal of PKR advisor Datuk Seri Anwar Ibrahim against a sodomy conviction and five-year jail sentence entered its fifth day today at the Federal Court, with the prosecution resuming its submission adjourned from Friday.
The prosecution began the fifth day of Datuk Seri Anwar Ibrahim’s appeal in the Federal Court against a sodomy conviction by submitting on three items seized from Anwar’s cell. Lead prosecutor Tan Sri Muhammad Shafee Abdullah questioned the defence’s failure to cross-examine the police over the recovery of the “Good Morning” towel, mineral water bottle and toothbrush taken from the cell occupied by the Opposition leader, when he was detained overnight at the city police headquarters.
Shafee said there was no issue of conspiracy as the police officers merely testified as to what they had seen with regard to those three items and did not add more stories to implicate Anwar. “It is easy to say that I saw him drinking the water from the mineral water bottle or I saw him wiping his face or blowing his nose using the towel. None of the officers said this,” he argued.
Lead prosecutor Tan Sri Muhammad Shafee Abdullah told reporters after the hearing adjourned on Friday that he had covered 20 per cent of his 205-page submission.
Sodomy Appeal Day 4: The Prosecution Creates Doubt On Anwar’s Claim Of Political Conspiracy
Hearing of PKR adviser Datuk Seri Anwar Ibrahim’s final appeal to overturn his conviction and five years’ jail sentence enters its fourth day today with the prosecution to start submission to counter the defence’s argument.
The prosecution in Datuk Seri Anwar Ibrahim’s appeal to overturn his sodomy conviction will aim to dismantle the opposition leader’s claim that the charge against him was a political conspiracy, chief prosecutor Tan Sri Muhammad Shafee Abdullah told the Federal Court today.
Citing Anwar’s statement, Shafee said the opposition leader had claimed the charge was a wide allegation and was in no uncertain terms “a conspiracy of the highest level from the prime minister to the humble investigating officer (IO) Jude Pereira”. Shafee said Anwar was again making the same kind of conspiracy claim he had made against former prime minister Tun Dr Mahathir Mohamad, whom Anwar had accused of wanting to send him (Anwar) into political oblivion.
Shafee told the court that he would examine and analyse what the defence meant by claiming a political conspiracy. No one had asked Anwar to give an unsworn statement, Shafee said. The Permatang Pauh MP could have chosen to “shut his mouth” but Anwar instead wanted to explain why he had to make a statement from the dock. An unsworn statement from the dock is treated as testimony that is not admissible and which cannot be cross-examined.
On Anwar’s claim that the investigating officer Supt Jude Pereira had tampered with the DNA evidence, Shafee said it was “unreasonable” that Pereira would have been able to find a fresh semen sample. “Did he go to a sperm bank? How do you get a reasonable fresh semen which is about 60 hours old?” Shafee said to the court.
Shafee submitted that Anwar only made claims of a conspiracy when situations and people were against him. But besides claiming an “elaborate political scheme”, Anwar should also explain how his sperm ended up in “intimate areas” of Saiful, Shafee said.
Anwar Appeal Hearing Extended To Next Monday, 3 Nov
The Federal Court’s hearing of Datuk Seri Anwar Ibrahim’s appeal to overturn his sodomy conviction is now extended to next Monday (Nov 3) as the prosecution needs time to prepare answers to the defence’s submissions over the last three days.
Lead prosecutor Muhammad Shafee Abdullah said he needed more time to prepare, as he had only received the defence’s full submission this week. At the court’s adjournment at mid-day today (Oct 30), Mr Shafee requested the bench to allow him to make submissions tomorrow morning, instead of this afternoon.Lead prosecutor Muhammad Shafee Abdullah said he needed more time to prepare, as he had only received the defence’s full submission this week.
Sodomy Appeal Day 3: Defence Questions The Semen Sample When There Is No Proof Of Penetration
The hearing of the final appeal of Datuk Seri Anwar Ibrahim against his sodomy conviction entered its third day at the Federal Court, Thursday. Anwar’s co-counsel Ramkarpal Singh Deo is wrapping up his submission on the DNA evidence of Mohd Saiful Bukhari Azlan, the complainant in the case.
Tan Sri Muhammad Shafee Abdullah, who is leading the prosecution team is scheduled to rebut submissions from the defence team in the afternoon. He is expected to continue with his submission on Friday and this will be followed with the defence team replying to the prosecution’s argument.
“Saiful said he was ravaged, describing it as ‘laju dan rakus’ (fast and rapacious) for 30 minutes until he felt pain, surely there must be signs of penetration,” Ramkarpal said. “The doctors tried to explain as to why there was no penetration mark saying that lubricant maybe was used or perhaps there was no struggle,” he said, claiming this was “purely speculation”. Ramkarpal said that in pro forma form, it was stated that sodomy lasted 30 minutes but in court it stated that it was five minutes. “If it was 30 minutes, surely there must be signs of penetration.”
Resuming after the recess, Ramkarpal said that all four doctors did not abandon their initial findings that there was no penetration, no tear marks, or defensive wounds and so on. “The doctors had assumed that penetration took place after it was by the prosecutor that semen was found in Saiful’s anus,” he said, claiming that the argument that penetration took place was speculated by the doctors and both courts had accepted it “as gospel truth without analysing other evidence.”
“There is doubt to the factum of penetration on Saiful,” he adds. “How do you find semen in the rectum when there is no evidence of penetration,” he says, adding that unless the items are different samples. He argues that the trial judge and the Court of Appeal judges had erred in assuming that the right samples were found.
Sodomy Appeal Day 2: Defence Says ‘Male Y’ DNA Profile Found In Saiful’s Rectum Does Not Belong To Anwar
The DNA profile of a person identified as ‘Male Y’ found in the rectum of Mohd Saiful Bukhari Azlan did not belong to Opposition Leader Anwar Ibrahim, the Federal Court heard today.
Submitting before a five-man bench led by Chief Justice of Malaysia Tun Arifin Zakaria, lawyer Sangeet Kaur Deo said there was no evidence at all to link ‘Male Y’ to Anwar. She explained that none of the police officers who were on duty at the lock-up saw Anwar use the three items — a toothbrush, Good Morning towel and mineral water bottle — which were given to him by the police when he was detained overnight from July 16 to July 17 in 2008.
Sangeet said one police officer had told the court that he only heard a sound as if Anwar, 67, was brushing his teeth. “He saw Anwar use the cell toilet but he did not see the appellant (Anwar) brush the teeth,” she said. Therefore, she said it was impossible to link the DNA profile of ‘Male Y’ to Anwar because it could belong to anyone. Asked by Arifin whether there was another person in the cell, Sangeet replied that Anwar was the sole occupant.
She said the High Court, in its ruling, had excluded the three items but reversed its earlier decision after allowing the prosecution to review the ruling and allowed the items to be tendered as evidence. She argued that from the ruling made by the High Court to exclude the items, it was clear that it was based on unfair means and an unfair method employed by the police, meaning it was by trick and deception that the police attempted to introduce the DNA evidence.
Sangeet said, instead of being released after the medical examination, Anwar was taken to the lock-up cell and supplied with the three items. “It is significant to note that when the items were recovered from the lock-up, Anwar was not present,” she added. She submitted that without the items, there was a major gap in the prosecution case and therefore, the prosecution had failed to link the DNA of ‘Male Y’ to Anwar.
The Court Hears Why Anwar’s Statement From The Dock Is Important
On the second day of PKR de facto leader Datuk Seri Anwar Ibrahim’s Federal Court appeal on his sodomy 2 charge, the number of supporters swelled to two or three times the size of yesterday’s crowd at its peak. Police presence was also increased with light strike force squads lining the steps to the palace until 9.20am as the crowd had wanted to gather in front of the Palace of Justice itself.
Datuk Seri Anwar Ibrahim’s defence counsel will today tell the Federal Court why the opposition leader’s statement from the dock made during his sodomy trial must be given weightage, in their move to overturn his sodomy conviction.
Co-counsel N. Surendran, who began his submissions yesterday on how the High Court and Court of Appeal failed to give weight to Anwar’s evidence from the dock, started wrapping up today by going through case laws to make his point. Surendran said the Court of Appeal in its written judgements disregarded the explanation Anwar had given for making a statement from the dock. Anwar had explained why he needed to speak from the dock “not once but five times”.
In his statement from the dock, Anwar had said the the charge against him of sodomising his former aide, Mohd Saiful Bukhari Azlan, in 2008 was a political conspiracy. But the High Court and the Court of Appeal had regarded the evidence from the dock as a “bare denial”, Surendran said, and failed to consider evidence given of a “pre-arranged plan” that supported Anwar’s claims of political conspiracy.
Sodomy Appeal Day 1: Saiful Bukhari’s Credibility As Witness Comes Into Question
The first day of Datuk Seri Anwar Ibrahim’s sodomy appeal today saw the defence punching holes in the credibility of the complainant, Mohd Saiful Azlan Bukhari, to make the case that the opposition leader should have been acquitted without his defence being called.
Anwar’s lead counsel Datuk Seri Gopal Sri Ram tried to persuade the Federal Court today of weaknesses and inconsistencies in Saiful’s testimony, saying that the prosecution’s entire case would collapse if the court agreed that he was a discredited witness. He said medical evidence confirmed that there was no trauma or injury found on Saiful’s anus.
Sri Ram, who was roped in at the eleventh hour to replace lawyer Datuk Sulaiman Abdullah, said the trial judge had erred in accepting Saiful’s explanation on why it took him two days to make a police report after the alleged sodomy. “Seen in a photograph, Saiful’s demeanour hardly looks like a person who is under threat or someone forcefully sodomised 24 hours before,” Sri Ram told the court.
He said it was Saiful who had introduced a bottle of lubricant when giving testimony during the trial, but the sex aid had never been on the prosecution’s initial list of exhibits. “The absence of the lubricant from the list casts serious doubt on the credibility of Saiful and the entire investigation,” he said. Sri Ram said Saiful told the trial court that the sexual act “was vigorous and fast” and that he suffered pain. “If that is the case, a lubricant could not have been used because the very object of it is to facilitate penetration without pain,” he said.
Court May Extend Hearing To Three Days
The court said it may extend the two-day hearing to another day because of the volume of submissions to be made. The prosecution will also be making submissions before both sides make closing arguments. The defence is also expected to submit on the DNA evidence used in the trial.
28 Oct: Anwar Ibrahim’s Final Appeal To Challenge His Sodomy Conviction Starts
The Federal Court is set to hear today and tomorrow Anwar’s challenge of the Court of Appeal’s decision to overturn a lower court’s decision to acquit him of sodomy.
Datuk Seri Anwar Ibrahim’s fate in his latest sodomy case will depend on whether the Federal Court accepts the testimony of two foreign DNA experts or go with the testimony from government chemists, says a lawyer in the opposition leader’s legal team.
Datuk Seri Anwar Ibrahim is ready for any judgment by the Federal Court on his conviction appeal for sodomising his aide Mohd Saiful Bukhari Azlan. The opposition leader is appearing in court tomorrow and on Wednesday, and faces five years in jail should his appeal fail. “We have gone through this before. It is like deja vu now,” he said referring to his first sodomy charge in 1998.
Saiful Bukhari Azlan, the man who was allegedly sodomised by Datuk Seri Anwar Ibrahim, has pleaded for a speedy and fair resolution to the sodomy trial that has dragged on for six years. “This case has dragged on for six years and two months, where there have been more than 100 applications to delay the verdict,” he wrote in his blog, Monday. A former aide of Anwar, Saiful said he was confident the Federal Court would deliver its justice, based on evidence and arguments presented during the trial. However, Saiful said he was prepared for a “worst-case scenario”.
Federal Court panel who will hear the appeal are Tun Arifin Zakaria, Tan Sri Md Raus Sharif, Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Tan Sri Ahmad Maarop while Anwar’s 14-man legal team is led by senior counsel Datuk Seri Gopal Sri Ram, a retired Federal Court judge.
The rest of Anwar’s 14-man legal team consists of R. Sivarasa, N. Surendran, Ramkarpal Singh, Sangeet Deo Kaufman, J. Leela, Latheefa Koya, Lim Choon Khim, Eric Paulsen, Michelle Yesudas, Shahid Adli Kamaruddin, Zaleha al-Hayat, Jeremy Vinesh Anthony,and Mohamad Aliff Bolkin.
Anwar, 67, who was sentenced to five years’ jail, is now on RM10,000 bail in one surety. The prosecution has also filed a cross-appeal for a higher jail sentence against Anwar. Anwar’s political career as an elected representative will end as he will be disqualified from office, if the conviction was sustained and fined more than RM2,000 or jailed more than a year and has not received a free pardon.
Police Bars Reporters From Entering Courthouse To Cover The Appeal
There were angry exchanges between reporters and police personnel at the Palace of Justice in Putrajaya today after only 18 members of the media were allowed into the courthouse to cover Datuk Seri Anwar Ibrahim’s sodomy appeal.
The reporters had gathered as early as 5.30am near the barricades surrounding the court complex but only those who had registered their names with the police last week were allowed in. It is learnt that among the international press present, only a reporter from AFP was allowed in.
The Malaysian Insider assistant news editor V. Anbalagan, who was also left outside, said this was the first time police were in control of the courthouse. “It is usually for the court to issue the passes to journalist,” the veteran court reporter said. “Police are to take care of security. Police cannot assert their powers and determine who should go in and who cannot.”
INFOGRAPHIC: The Chronology Of Anwar Ibrahim’s Sodomy Saga
27 Oct: Indonesia And Philippines Come To Anwar’s Defense A Day Before Sodomy Appeal
With Datuk Seri Anwar Ibrahim’s Sodomy II appeal just a day away, PKR demanded today for an end to the alleged persecution of its de facto chief, telling the authorities to allow rule of law to prevail when his case is called up tomorrow.
Two lawmakers from neighbouring Indonesia and Philippines demanded today that Putrajaya drop the sodomy charge against Datuk Seri Anwar Ibrahim, claiming the ongoing persecution of Malaysia’s Opposition Leader is an attempt to end his political career.
In a joint statement with PKR vice-president Shamsul Iskandar Md Akin, Indonesia’s Jawa Barat MP Dave Laksono and Filipino congressman Bebot Bello said that Anwar’s case is a gross violation of human rights and goes against the spirit of Article 14 of the Asean charter on human rights and fundamental freedom.
“We express our grave concern that Mr Anwar is not getting a fair trial given the process of trial at the Appeal Court is full of doubt and skewed towards persecuting Mr Anwar from advancing his political career,” Laksono, who is a member of Indonesia’s opposition Golkar party, told reporters during a Skype press conference at the PKR headquarters here. Reading out the joint statement, Laksono pointed out that the way in which the evidence in Anwar’s trial was gathered and treated has led to the perception that “justice may have been hijacked.”
“Malaysia should move forward and cease any attempt to silence dissenting views by using laws and the government apparatus. “We are calling for solidarity and camaraderie amongst the Asean community to reject and detest any violation of human rights and principles, in particular abusing it for the sake of political expediency and in cohort of a corrupt regime,” Laksono added.
In a statement here, party deputy president Azmin Ali pointed out that the authorities have already shown “bad faith” by trying to cripple Anwar’s defence team with the use of the sedition law.” “This interference,” he said, “… is an outright denial of a fair hearing for Datuk Seri Anwar.” “The relentless persecution of Datuk Seri Anwar has been on-going and is symptomatic of a judicial and criminal process that is deeply flawed.”
13 August: Saiful Bukhari Sues Anwar RM50 Million For Sodomising And Defaming Him
Mohd Saiful Bukhari Azlan has filed a RM50 million suit with the Kuala Lumpur High Court against his former employer Anwar Ibrahim for sodomising him in 2008 and defaming him after that.
In his lawsuit, Anwar’s former aide said he had been through physical pain and suffering since 2008 as he was still accused of defaming the PKR leader. He said he had lodged a police report here on June 28, 2008 that Anwar had sodomised him, and that he did not lie or cheat over the contents of the report.
Saiful’s lawyer Zamri Idrus told Malaysiakini that the opposition leader made an appearance today and the deputy registrar Norfauzani Mohd Nordin of the court ordered Anwar to file his defence by Sept 3. She also ordered the next case management on Oct 8
He said that Anwar always alleged that the police report was defamatory and false evidence whenever the PKR leader gave interviews to the media and at ceramah. This, Mohd Saiful claimed, has caused him to be humiliated and his dignity had been ruined. He said that many social websites had also criticised him. He said he suffered depression when he read negative comments against him in websites, blogs and other media.
“Anwar’s statement had resulted in public scorn in the social media and various websites. I was also ridiculed by Anwar’s supporters. “There is also a Facebook account ‘We hate Saiful Bukhari’ with 134,000 likes and Anwar’s party mouthpiece Keadilan daily published various articles in 2011,” he said.
Saiful further claimed that Anwar’s qazaf application created the public perception that he (Saiful) could not be trusted. The incident and defamatory statements had resulted in Saiful not being able to acclimatise himself within society and faced difficulty in gaining employment. As a result of this, Saiful claimed that he faced public pressure.
24 April: Anwar Convinced They Will Send Him To Jail For Sodomy
Datuk Seri Anwar Ibrahim is convinced he will go to jail for his sodomy conviction, probably for even longer than the five years he was given, as he said the judicial process is staked heavily against him.
The de facto PKR leader, who disclosed that foreign leaders like former US Vice-President Al Gore and Irish President Mary Robinson had advised him during his recent trip to London not to return to Malaysia and be jailed, said the refusal of the Federal Court registry yesterday to allow him an extension of time to file his petition of appeal against the conviction was just the latest legal hurdle he had to overcome. The deadline for filing the petition is today (Thursday).
Decrying the refusal as an abuse of the judicial process, Anwar said it was another “clear testimony” that the courts were being used by Umno leaders to harass him. “It is definitely harassment and an abuse of process,” he said. “I’m just waiting. I don’t know how much time I have. A month, two months before they send me to jail.”
Anwar also spoke on the harassment he said he had to deal with when his appeal was heard in the Court of Appeal. He said the courts advanced the hearing of his appeal by a month to “fit in” the dates of the Kajang by-election.
26 March: Anwar’s Appeal To Remove Court Judgment That He Had “Homosexual Tendencies” Dismissed Unanimously
PKR de facto leader Datuk Seri Anwar Ibrahim today failed in his attempt to expunge a remark in a Federal Court judgment that implied he has homosexual tendencies.
A five-member Federal Court panel, chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinuddin, unanimously dismissed Anwar’s review application to have the remark removed from the majority judgment delivered nine years ago by the then Federal Court judge Tun Abdul Hamid Mohamad.
Anwar was acquitted of his first sodomy charge after the Federal Court ruled in a two-to-one majority decision in the PKR de facto chief’s favour on September 2, 2004. But Abdul Hamid, who chaired the panel then, included in the majority judgement that they were inclined to believe that Anwar and his adopted brother Sukma Darmawan Saasmitaat, who was jointly charged, had engaged in sodomy.
“We are of the view that the majority judgment accepted that the sexual incident forming the crux of the charge did in fact occur but were doubtful as to when it in fact took place,” said Zulkefli when reading out the unanimous judgement of the five-man panel.
10 March: Anwar Files Appeal And Posts Bail Over Sodomy Charges
Datuk Seri Anwar Ibrahim has filed his appeal against his conviction and sentence over his sodomy charge. His co-counsel Ramkarpal Singh filed a notice of appeal at the Court of Appeal registry at 10.30am on Monday.
Ramkarpal said the notice of appeal was filed today without delay, as instructed by the Court of Appeal. The defence will later file the petition of appeal once the Court of Appeal provided the grounds of judgment.
Ramkarpal said that Anwar would be at court registry before 1pm to sign his bail papers. Anwar’s aide Ibrahim Yaacob appeared as his bailor when he came at 10.30am for the administrative process.
Meanwhile, Anwar’s aide Ibrahim Yacoob posted the RM10,000 bail to ensure the opposition leader remained free pending the final appeal in the Federal Court.
7 March: [BREAKING] Anwar To See Light Of Day Only After GE14
Datuk Seri Anwar Ibrahim’s plan to win the Kajang by-election and become the Selangor menteri besar was scuttled by the Court of Appeal that overturned his acquittal for sodomy, and sentenced him to five years jail.
As voices began rising in the public gallery, Anwar’s counsel Karpal Singh told the court that the appeal process seemed to have been rushed. “We need a week or so(to prepare mitigation for a lenient sentence). Every opportunity should be given to my client,” Karpal said in applying for a week’s time to prepare mitigation.
The maximum punishment for the offence was a jail term of up to 20 years and whipping.
There was an uproar in the courtroom when the sentence was read out, overturning the High Court’s earlier decision to acquit him for sodomy. It was an unanimous decision.
A tearful Datuk Seri Dr Wan Azizah Wan Ismail, along with daughter Nurul Izzah Anwar, rushed to his side in an attempt to calm Anwar.
[BREAKING] Anwar Found Guilty Of Sodomy
PUTRAJAYA: The Court of Appeal found Datuk Seri Anwar Ibrahim guilty of sodomising his former aide in 2008. The three-man panel allowed the prosecution’s appeal against a 2012 High Court decision that acquitted Anwar of the charge.
The court made the ruling today after hearing submissions from both the prosecution and the defence team yesterday and today. The three member bench, led by justice Balia Yusof Wahi, and assisted by Aziah Ali and Haji Mohd Zawawi Salleh, ruled unanimously that the Kuala Lumpur High Court Judge Mohd Zabidin Mohd Diah had erred in his decision.
The prosecution says the judge have erred in its decision. “The learned judge had misconstrued on the integrity of the samples. He ruled there was tampering of the HKL plastic bag. We have scrutinise evidence of the IO Jude Blacious what he did was cut the bottom of the plastic and put the recepticle, in each envelope.”
“The tampering is on the plastic bag and not the evidence. The seals of the samples are intact and did not compromise the samples. He said if the learned judge conclude the tampering is on the plastic bag only, and having examined the grounds in the judgment.
“We find the judge has no reason to depart from his earlier finding (in calling the defence).” “The learned judge has failed and appreciate in coming to the conclusion. The judge has erred in listening to the foreign experts. “We find the judge had misdirected itself on the issue of the integrity of the sample. “We allow the appeal and found guilty of the charge.”
Judge Balia said that justice Mohd Zabidin should have correctly and properly appreciated that the “tampering” was restricted to the bag containing the individual test tubes of the samples, and the test tubes themselves remained sealed and intact.
Anwar was acquitted by the Kuala Lumpur High Court judge Mohd Zabidin Mohd Diah on Jan 9, 2012 of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008 at the Desa Damansara condominium.
6 March: Anwar Back In Court For Sodomy Ruling Appeal Against Saiful Bukhari
A Malaysian court has begun hearing a government appeal against the sodomy acquittal of opposition leader Anwar Ibrahim. Thursday’s appeal hearing had been delayed many times, due to Anwar’s insistence that the government’s lawyer was biased against him.
Opposition leader Datuk Seri Anwar Ibrahim (pic) has failed for the third time to stop the appointment of Umno lawyer Tan Sri Muhammad Shafee Abdullah as the lead prosecutor in the sodomy trial. Following today’s Court of Appeal ruling, it is almost certain that Shafee will lead the prosecution team on Thursday when Putrajaya’s appeal to set aside the acquittal of Anwar for sodomy is heard.
Justice Abdull Hamid said that the panel found that there was no merits to the two grounds forwarded by Anwar that Tan Sri Muhammad Shafee Abdullah was not a fit and proper person to be appointed as the deputy public prosecutor and over a conflict of interest.
In the hearing, Shafee explained to the judges that the acquittal was based only on one issue: whether the semen extracted from Saiful Bukhari’s rectum, which was used as evidence in the sodomy 2 trial, had been compromised.
Trial judge Justice Mohamad Zabidin Mohd Diah had ruled that the court could not be 100% certain that the integrity of the DNA samples had not been compromised, after going through the evidence.
“So we’re dealing with whether there was tampering of evidence by [investigating officer Jude Pereira] and in the light of that, break in chain of evidence in relation to the exhibits, and whether integrity was preserved, and whether the two chemists — who are experts in DNA — their testimony can be relied on. “In short, if presented to them wrongly, the entire case crumbles,” Shafee told the panel of judges.
In addition, Anwar’s defence team that comprises senior lawyer Karpal Singh had also applied to recall the investigating officer Supt Jude Blacious Pereira to testify at the Court of Appeal but failed when the Federal Court allowed Shafee’s preliminary objection to strike out the appeal.
The Sodomy Charge Against Anwar Ibrahim
Sept 2013: Anwar Wants To Remove A Paragraph In A Federal Court That States He Had Homosexual Tendencies
Nine years after being cleared for allegedly sodomising his wife’s driver, Datuk Seri Anwar Ibrahim (pic) is now attempting to remove an offending paragraph in a Federal Court judgment which states that he had homosexual tendencies.
His lawyer Karpal Singh told The Malaysian Insider that the Federal Court will hear a review application to expunge the paragraph on November 13.
Karpal said political opponents, especially from Umno, have been using the judgment to discredit the opposition leader’s character.
PKR Legal Bureau chairman Latefa Koya added that apart from politicians, Umno-owned Utusan Malaysia had also been relying on the judgment as defence of justification everytime Anwar filed a defamation suit against the newspaper. She said they were using the judgment to prove that Anwar’s character was tainted.
“This practice has gained intensity over the past few years and we want to put a stop on the reliance of a paragraph which is hidden behind an unsubstantiated passing remark,” she said, adding the application was filed out of necessity and that Anwar was not time barred from making the move.
A Judge Who Was Also On The Bench During Anwar’s 1990 Sodomy Trial, Was Recused From Anwar’s Sodomy Appeal
The Court of Appeal today recused one of the three judges presiding over the government’s appeal against Datuk Seri Anwar Ibrahim’s acquittal in his second sodomy trial.
Justice Tengku Maimun Tuan Mat, one of the three Court of Appeal judges appointed to hear Putrajaya’s appeal to set aside Datuk Seri Anwar Ibrahim’s acquittal on a sodomy charge, has recused herself from the case.
Justice Datuk Ramly Ali, chairing the panel, said the court would appoint another judge to replace Tengku Maimun. “We’ve deliberated on the issue. We allowed the preliminary objection. Tengku Maimun, with her consent, will recuse herself,” Justice Ramly said.
At the outset of today’s proceedings, lawyer Karpal Singh applied for Tengku Maimun to be recused on grounds of perception of bias.
“The request was made by our counsel for one of the judges to be recused because she was involved in a past case together with Datuk Seri Anwar and Dr Mahathir Mohamad,” MP for Lembah Pantai Nurul Izzah Anwar told Malaysia Chronicle.
Saiful Says His Father Was ‘Influenced’ Into Apologising To Anwar
A video of former political aide Saiful Bukhari Azlan in Mecca carrying out a sumpah laknat in connection with his sodomy claim was shown for the first time to media.
“This recording of my sumpah laknat is my strongest defence. I have gone through so much over these five years, and I will not give up, no matter what happens,” said Saiful.
“But I am releasing it now as my father’s new statement would have brought about many questions,” he told a press conference where the video was shown to the media yesterday.
Saiful claimed his father Azlan Mohd Lazim was swayed into apologising to Anwar after the latter retracted his apology and maintained that his son’s sodomy complaint was not a plot.
He added that his father called him on Tuesday morning to say: “Boy, papa dah tak tahan. Papa nak kembali ke pangkal jalan.” (Boy, papa can no longer stand it. Papa wants to start anew.”
Saiful said it was clear that his father was persuaded by PKR to make the public apology because the leader who arranged the press conference was Datuk Johari Abdul.
“I do not know who instigated my father but it is obvious that the party leader is close to my father,” Saiful told a press conference at The Club, in Bandar Utama here.
“I am thankful and relieved..I’d like to stress again that the sodomy case between me and Anwar is the truth, it is not a conspiracy”.
Saiful’s Father Quits PKR, Now Says His Son Was In Fact Sodomised
Saiful Bukhari’s father, Azlan Mohd Lazim made an about-turn today by retracting the statements he made in March on his son’s sodomy case.
Azlan Mohd Lazim, father of Saiful Bukhari, who earlier claimed that the sodomy allegation against Anwar was a conspiracy now alleges that his son was in fact sodomised by Anwar.
The 60-year-old also told a press conference today that he has quit PKR with immediate effect.
As such, he retracted his apology to Anwar. Instead, he apologised to his own family members and to Saiful for his ‘wayward actions’.
He also reportedly said that he had not been paid to come out with his statement today, but had done so after asking God for guidance.
Azlan however declined to provide an explanation for retracting his previous claim that the government was manipulating Saiful, who was a former aide to Datuk Seri Anwar, into defaming the politician.
Saiful’s Father Joining PKR
Tujuan saya membuat kenyataan akhbar bukan tujuan saya supaya rakyat menyokong saya. Terpulang kepada masyarakat untuk mempercayai kenyataan saya.
Dalam satu sidang media di ibu pejabat PKR selepas menyerahkan borang itu, Azlan berkata beliau sudah lama menjadi penyokong PKR dan kini akan menyertai parti itu bawah pimpinan Anwar.
“I have always been a grassroots supporter (of PKR) all along and now I shall join under the leadership of Anwar Ibrahim,” -Azlan Mohd Lazim
Anwar Feels Vindicated, PKR Wants Appeal Dropped
The public apology from Saiful Bukhari Azlan’s father, Azlan Mohd Lazim, had vindicated him of the sodomy charges levelled against him, said opposition leader Datuk Seri Anwar Ibrahim.
“God is great, they can conspire once, twice, in 1998 and again 2008, and now the conspiracy is out in the open as revealed by Azlan,” Anwar told the crowd last night.
PKR hari ini mahu Putrajaya menggugurkan kes liwat II yang sedang dalam proses rayuan semula, dan mahu siasatan dijalankan ke atas Jabatan Perdana Menteri dan Jabatan Peguam Negara.
PKR vice-president N. Surendran also asked for an open and unconditional apology from the government and Barisan Nasional (BN) towards Anwar, his family and the Malaysian public.
“In light of Azlan’s admission, we call for the Prime Minister to immediately reveal the full extent of his knowledge of the conspiracy against Anwar Ibrahim,” said Surendran in a press statement.
He added that the Sodomy 2 charges are “a vicious political conspiracy engineered by UMNO-BN with the collaboration of the Attorney-General, in order to halt Pakatan Rakyat’s march to Putrajaya.”
“Also, there should be a full and independent investigation upon Attorney-General Abdul Gani Patail and top prosecutors who brought these charges against Anwar.
PKR’s Johari Says Saiful’s Father Willingly Wanted To Confess
PKR’s Datuk Johari Abdul has claimed that Saiful Azlan’s father was the one who sought him out to help reveal that his son’s sodomy complaint against Anwar was a “conspiracy”.
Datuk Johari Abdul mendakwa bapa Saiful Azlan yang mencarinya untuk membantu pendedahan “konspirasi politik” berkenaan aduan liwat anaknya terhadap Anwar.
“He’s the one who ask us to reveal all this, it can’t be that his father is so stupid until he can be influenced,” Johar stated after Saiful’s denial.
Azlan had said his sudden defence of Anwar came after (5) years of compiling information from the sodomy trial and informers on the case.
Azlan also called on all Malaysians not to believe what he described as “slander” against Anwar, urging more to rally behind the opposition leader.
Saiful did not offer any proof to back up his accusation, but only pointed to Johari’s presence at the press conference where his father had spoken earlier.
Saiful Says Anwar Is Using My Father
KUALA LUMPUR – Dilihat sebagai perkembangan terbaru yang akan memanaskan lagi politik menjelang Pilihan Raya Umum ke-13, bapa Saiful Bukhari, Azlan Mohd Lazim, hari ini mendakwa anaknya itu dipergunak
Saiful said that he would not budge from his allegation and claimed that his father was being used by certain unscrupulous people.
Saiful Bukhari: “Bertaubat dari terus meliwat anak muda dan saya sendiri minta Anwar Ibrahim jangan gunakan wang ringgit bagi membeli keluarga saya.”
“Saya berasa amat sedih dan dukacita dengan berita mengenai bapa saya. Saya sedih kerana bapa saya telah menjadi mangsa kerakusan politik makhluk bernama Anwar Ibrahim,” kata Saiful Bukhari.
“Saya juga memberi amaran kepada Anwar, walaupun terdesak jangan membabitkan bapa saya untuk memutarbelitkan keadaaan dalam mencapai matlamat beliau,” kata Saiful Bukhari.
Anwar A Victim Of An “Evil Political Conspiracy”?
The father of Saiful Bukhari Azlan publicly admitted today that Anwar Ibrahim’s second sodomy charge was an “evil political conspiracy” involving his son.
60-year-old Azlan Mohd Lazim alleged that the conspiracy was planned by a special officer in the PMs Department and was engineered to tarnish Anwar’s image with a 2nd sodomy charge.
“Everything was planned in great detail by a special officer in the PM’s Department. Even the script I read during the press conference after Anwar’s sodomy acquittal was prepared by him,” he said.
“I deeply regret all the slander hurled against Anwar which involved my son, Saiful Bukhari. Anwar is innocent and a victim of this slander,” Azlan Mohd Lazim said.
He has no plans to urge his son to withdraw his appeal against Anwar and drop all charges, saying it was up to Saiful to make his own decision.
More About Anwar’s Sodomy Charge In 2012
On Jan 9 2012, the High Court acquitted and discharged Anwar of sodomising Mohd Saiful, 27, at a Desa Damansara condominium unit in Bukit Damansara here on Jun 26, 2008.
The former deputy prime minister was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.
Anwar’s acquittal drew the attention of thousands of people who camped outside the High Court as judgment was delivered, as well as hundreds of international media and political observers.
Video: Saiful’s Took An Oath In 2008
More About Anwar’s Sodomy Case Against Mahathir In 1998
In 1998, former premier Mahathir Mohamad too had used the sodomy card to jail Anwar for 6 years before the Federal Court overturned the charges and freed Anwar.
The former deputy prime minister was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.
He was freed in Sept 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008.
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