Tuesday, February 10, 2015

Federal Court verdict: Anwar is guilty... awaiting sentence

As expected, though no less painful, Anwar Ibrahim lost his final appeal against sodomy conviction. It is public opinions against legal opinions which are subject to different interpretations, even among lawyers and judges.

According to Malaysiakini's summary of the case:

Sodomy II beginning
 
Mohd Saiful Bukhari Azlan meets then Deputy Prime Minister Najib Abdul Razak, at the latter's Taman Duta home to relate a previous sodomy incident.


June 25, 2008
Saiful meets DPM's ADC
 
Saiful meets a senior police officer - who was also Najib's aide-de-camp - at a KL hotel.


June 26, 2008
Where it happened...
 
The alleged sodomy incident at the Desa Damansara condominium.

June 28, 2008
Medical check-up
 
Saiful goes to the Pusrawi Hospital before being referred to the Kuala Lumpur Hospital.



June 29, 2008
The police report
 
Police report lodged against Anwar Ibrahim in the early morning and the opposition leader seeks refuge at the Turkish embassy. He comes out of the embassy following assurances from the prime minister.


June 30, 2008
Samples sent for investigation
 
Saiful's bodily fluids samples are sent to the Chemistry Department after being kept overnight by police.


July 9, 2008
Anwar's defence
 
Anwar files a 'qazaf' application against Saiful at the Kuala Lumpur Syariah Court.


July 15, 2008
Warrant of arrest
 
A warrant of arrest is issued against Anwar.


July 16, 2008
Anwar arrested
 
Anwar is arrested by armed Special Action Unit commandos while on his way home from the MACC. He is detained overnight and the next morning police take his DNA samples from a towel and water bottle he used.


July 17, 2008
DNA samples analysed
 
Anwar's DNA samples are sent to the Chemistry Department.


August 7, 2008
Charged with sodomy
 
Anwar is charged with sodomising Saiful. At this time, he is represented by a team led by Sulaiman Abdullah.


August 15, 2008
Saiful's religious oath
 
At the Federal Territory Mosque, Saiful swears on the Holy Quran that the alleged sodomy incident did indeed occur.


February 3, 2010
Trial begins
 
Anwar's sodomy trial begins at the KL High Court with Saiful as the first witness. Senior lawyer Karpal Singh takes over for Anwar from the ailing Sulaiman.


January 9, 2012
Acquittal
 
The oppositon leader is acquitted of 'Sodomy II' by the KL High Court.


July 11, 2013
New prosecutor enters
 
Senior lawyer Muhammad Shafee Abdullah is appointed government prosecutor by Attorney-General Abdul Gani Patail in the latter's appeal against Anwar's acquital.


January 27, 2014
The Kajang Move
 
The popularly-dubbed 'Kajang Move' is engineered by Pakatan Rakyat to catapult Anwar into the Selangor MB's position replacing Khalid Ibrahim.


March 7, 2014
Anwar found guilty
 
Prosecution's appeal against Anwar's acquittal brought forward from April to March, Appeals Court finds him guilty of sodomy, sentences him to five years in jail.


April 17, 2014
The loss of Karpal Singh
 
Anwar's lead counsel Karpal Singh dies in road accident.


October 24, 2014 — November 10, 2014
Anwar's final appeal at federal court
 
The Federal Court to decide on Feb 10 whether to uphold the Appeals Court decision to jail Anwar five years or to free him.

* BFM radio reports that Mohd Saiful Bukhari Azlan's lawyer confirms that Saiful will not attend court proceedings today.

* Datuk Seri Dr Wan Azizah Wan Ismail says the judges not only have to answer to the people but to conscience and God. "Judgement has to be based on facts With that, I'm confident that Anwar is innocent and should be released. Let me not have reason to question the judiciary. Judges have to honour justice entrusted to them," she said.

GUILTY! Anwar to be jailed

12.35PM: This is the official statement by the Prime Minister's Department:

"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.

"The police report against Anwar Ibrahim was brought by a private individual - Anwar's employee and personal assistant - not by the government. As the victim of a serious sexual assault, he had every right to have his case heard in court.

"In this case, exhaustive and comprehensive due process has been followed over many years. That process is now complete, and we call on all parties involved to respect the legal process and the judgment".

The Malay Mail:

PUTRAJAYA, Feb 10 — Datuk Seri Anwar Ibrahim is headed to prison again after the country’s apex court today upheld an earlier Court of Appeal ruling that reversed his acquittal of sodomising former aide Mohd Saiful Bukhari Azlan.

The verdict today effectively ends Anwar’s legal options to challenge the conviction. He now stands to lose his Permatang Pauh parliamentary seat as the law bars anyone fined over RM2,000 or imprisoned more than one year from serving as a lawmaker.

The decision also leaves the Pakatan Rakyat opposition pact without a leader.

When reading out the summary of the case, Chief Justice Tun Arifin Zakaria said the offence under Section 377B of the Penal Code was concerned with acts of carnal intercourse against the order of nature, and that consent was not a necessary ingredient to the commission.

Earlier, Chief Justice Tun Arifin Zakaria said the Federal Court concurred with the subordinate courts that Saiful was a credible witness.

He also said that the apex court accepted the DNA evidence tendered by the prosecution, explaining that degradation did not prevent the samples from being usable and that there was no break in the chain of custody as claimed by Anwar’s lawyers.

"Based on the above findings, we agree with the Court of Appeal judges," Arifin said.

Further, the Chief Justice said there was not merit to Anwar’s claim of a political conspiracy in the charge and that such a defence was not considered by the three courts hearing the case.

Despite the claim, Anwar did not deny being present at the time and place of the alleged sodomy, Arifin noted.

"We hold no merit in in the appellant’s unsubstantiated claims of political conspiracy," he said.

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