Federal Court rejects Anwar’s sodomy judicial review, remains in prison

Dec 14, 2016
Anwar failed in his final bid to freedom from his conviction.
Anwar failed in his final bid to freedom from his conviction.

The Federal Court today dismissed former PKR de facto leader Anwar Ibrahim’s bid to judicial review his sodomy conviction.

Anwar applied to set aside his sodomy conviction and five-year sentence for sodomising his former aide Mohd Saiful Bukhari Azlan.

The final 62 page long verdict was read out by Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin.

The other three judges are Justice Hasan Lah, Justice Abu Samah Nordin and Justice Zaharah Ibrahim, meanwhile Chief Judge of Sabah and Sarawak Justice Richard Malanjum did not seat today as he had to attend a funeral.

In pointing out his judgement, Justice Zulkefli said it is a review of Federal Court’s decision and the appellant had raised the issue of miscarriage of justice.

Zulkefli raised the point that under Article 128 of Federal Constitution does not provide the Federal Court to review its decision.

He added that citing Asean Paper Mills case, Rule 137 does not confer any power to the court to review its own decision.

Rule 137 is to hear any order to prevent any injustice and abuse of process of court.

He also said that there is no merit on Anwar’s argument on the press statement issued by the Prime Minister’s department as the judgment was written beforehand.

Justice Zulkefli added that there is no merit on Anwar’s argument that the prosecutor was bias.

He stressed that Shafee was duly appointed and was fit person to run the case.

Justice Zulkefli dismisses the matter of the KY Jelly as a non-issue in the defence’s attack on the crime scene.

He said the integrity of the crime scene regarding the carpet being moved to a different condominium unit is also not an issue as there was evidence of the carpet being moved.

In conclusion he said there is no issue of miscarriage of justice regarding the chain of sampling.

Anwar is expected to complete his jail term in mid 2018.

Anwar’s was represented by lead counsel Gopal Sri Ram and the Attorney-General Chambers Trials and Appellate Division head Ahmad Kamal Md Shahid led the prosecution team.

On Jan 9, 2012, the High Court acquitted and discharged Anwar of the charge on the grounds that the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from the alleged victim.

The court had ruled that the samples could have been compromised before they reached the Chemistry Department for analysis.

However, the Court of Appeal overturned the High Court judgment and found Anwar guilty of sodomising Mohd Saiful and held that the trial judge had erred in his findings about the samples which were based on the evidence of two expert witnesses called by the defence.

The Federal Court said it upheld the conviction and the sentence imposed by the Court of Appeal after taking into consideration the seriousness of the offence and Anwar having allegedly taken advantage of his position as the employer of a young victim.

Anwar is alleged to have committed the offence at Unit 11-5-1 of Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.10pm and 4.30pm on June 26, 2008.

 

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