Court dismisses Anwar’s appeal, denies stay
PUTRAJAYA, Feb 17 — The Court of Appeal dismissed today Datuk Seri Anwar Ibrahim’s bid to strike out his sodomy charge, by ruling that he had failed to prove the charges against him were oppressive or an abuse of the court process.
The verdict was an unanimous one by Court of Appeals judges Datuk Wira Abu Samah, Datuk Sulaiman Daud and Datuk Azhar Ma’ah.
“The appellant has not shown the charge against him to be oppressive and an abuse of the court process,” said Abu Samah.
In reading out the ruling, Abu Samah also said that medical reports suggesting there was no anal penetration of Anwar’s accuser were also inconclusive and could not be used as a basis for throwing out the charge.
Karpal Singh, lead counsel for Anwar’s defence team, immediately demanded a stay of proceedings at the High Court pending an appeal of today’s decision to the Federal Court.
“The trial should not proceed until the Federal Court hears the appeal. We will pursue the matter on an urgent basis,” said Karpal.
But the court also dismissed the request for an immediate stay, by pointing out that a formal application was needed.This means that Anwar’s sodomy trial will continue tomorrow.
“We agree with the Solicitor-General that a formal application is needed first. Until then we are unable to proceed with the request for stay,” concurred Abu Samah.
Outside the courtroom Karpal confirmed that two applications will be filed tomorrow — the notice of appeal against today’s decision and the notice of motion to request for a stay of the trial proceedings pending the appeal to the Federal Court.
Anwar did not seem to be perturbed by the decision, and smirked when the decision was read out.
“When you have a case where Prime Minister Najib and his powerful wife Rosmah is involved, it is very difficult to expect courageous judges... but we will soldier on,” said Anwar to reporters shortly after the court adjourned for the day.
Anwar wanted the sodomy charge against him thrown out because clinical reports suggest there was no anal penetration of his accuser, but prosecutors argued that semen samples could still prove unnatural carnal activity.
On Dec 1, the High Court had dismissed the opposition leader’s bid to strike out the charge against him.
Judge Datuk Mohamad Zabidin Mohd Diah had ruled then that the court cannot use its inherent powers to strike out the sodomy charge based solely on medical reports which found no conclusive clinical evidence of anal penetration on Anwar’s accuser and former aide Mohd Saiful Bukhari Azlan.
Anwar had tendered two medical reports from Hospital Kuala Lumpur and Hospital Pusrawi which stated those findings.
The clinical reports have since then become the focus of both teams in presenting their arguments.
Lead counsel for Anwar’s team Karpal argued that the High Court had the power to strike out the charge if it was “abusive of process, oppressive, and prejudicial.”
The veteran lawyer stressed that the crux of the case hinged on the question of whether penetration had actually taken place, which according to the clinical reports suggested otherwise.
Anwar is accused of sodomising his one-time aide Mohd Saiful Bukhari Azlan at the Desa Damansara Condominium on June 26, 2008.
The former deputy prime minister has vehemently denied the accusations hurled by Saiful, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.
He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction.
The trial is taking place 18 months after Anwar was charged in court in August 2008. Anwar 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 September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
PUTRAJAYA, Feb 17 — The Court of Appeal dismissed today Datuk Seri Anwar Ibrahim’s bid to strike out his sodomy charge, by ruling that he had failed to prove the charges against him were oppressive or an abuse of the court process.
The verdict was an unanimous one by Court of Appeals judges Datuk Wira Abu Samah, Datuk Sulaiman Daud and Datuk Azhar Ma’ah.
“The appellant has not shown the charge against him to be oppressive and an abuse of the court process,” said Abu Samah.
In reading out the ruling, Abu Samah also said that medical reports suggesting there was no anal penetration of Anwar’s accuser were also inconclusive and could not be used as a basis for throwing out the charge.
Karpal Singh, lead counsel for Anwar’s defence team, immediately demanded a stay of proceedings at the High Court pending an appeal of today’s decision to the Federal Court.
“The trial should not proceed until the Federal Court hears the appeal. We will pursue the matter on an urgent basis,” said Karpal.
But the court also dismissed the request for an immediate stay, by pointing out that a formal application was needed.This means that Anwar’s sodomy trial will continue tomorrow.
“We agree with the Solicitor-General that a formal application is needed first. Until then we are unable to proceed with the request for stay,” concurred Abu Samah.
Outside the courtroom Karpal confirmed that two applications will be filed tomorrow — the notice of appeal against today’s decision and the notice of motion to request for a stay of the trial proceedings pending the appeal to the Federal Court.
Anwar did not seem to be perturbed by the decision, and smirked when the decision was read out.
“When you have a case where Prime Minister Najib and his powerful wife Rosmah is involved, it is very difficult to expect courageous judges... but we will soldier on,” said Anwar to reporters shortly after the court adjourned for the day.
Anwar wanted the sodomy charge against him thrown out because clinical reports suggest there was no anal penetration of his accuser, but prosecutors argued that semen samples could still prove unnatural carnal activity.
On Dec 1, the High Court had dismissed the opposition leader’s bid to strike out the charge against him.
Judge Datuk Mohamad Zabidin Mohd Diah had ruled then that the court cannot use its inherent powers to strike out the sodomy charge based solely on medical reports which found no conclusive clinical evidence of anal penetration on Anwar’s accuser and former aide Mohd Saiful Bukhari Azlan.
Anwar had tendered two medical reports from Hospital Kuala Lumpur and Hospital Pusrawi which stated those findings.
The clinical reports have since then become the focus of both teams in presenting their arguments.
Lead counsel for Anwar’s team Karpal argued that the High Court had the power to strike out the charge if it was “abusive of process, oppressive, and prejudicial.”
The veteran lawyer stressed that the crux of the case hinged on the question of whether penetration had actually taken place, which according to the clinical reports suggested otherwise.
Anwar is accused of sodomising his one-time aide Mohd Saiful Bukhari Azlan at the Desa Damansara Condominium on June 26, 2008.
The former deputy prime minister has vehemently denied the accusations hurled by Saiful, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.
He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction.
The trial is taking place 18 months after Anwar was charged in court in August 2008. Anwar 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 September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
17/02/10
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