It only took six months

That is how long it took for Attorney General to appeal against High Court decision to acquit Opposition Leader Anwar “Mat King Leather” Ibrahim for second time of sodomy charges, this time against the latter’s former personal aide Mohd Saiful Bukahri Azlan.

Published: Tuesday July 10, 2012 MYT 3:05:00 PM
Updated: Tuesday July 10, 2012 MYT 3:13:37 PM

Sodomy II: AG appeals against Anwar’s acquittal

KUALA LUMPUR: The Attorney-General’s Chambers has filed a petition of appeal at the Court of Appeal Registry against the acquittal and discharge of Opposition Leader Datuk Seri Anwar Ibrahim on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan.

A senior deputy public prosecutor confirmed on Tuesday the petition was filed on Monday.

It is learnt that no date was set by the court to hear the appeal.

Last Monday, the Kuala Lumpur High Court had served the appeal records, including an 80-page written judgement, to facilitate the prosecution in filing the petition.

In his written judgment, the trial judge, Justice Datuk Mohamad Zabidin Mohd Diah, had ruled that the court could not be 100% certain on the integrity of samples taken for DNA testing from the complainant (Mohd Saiful Bukhari).

He said the samples could have been compromised before they reached the Chemistry Department for analysis.

Therefore, Mohamad Zabidin said, it was not safe for the court to rely on the DNA results obtained by chemist Dr Seah Lee Hong from the analysis conducted on the samples.

On Jan 20, the AGC had filed a notice of appeal against Anwar’s acquittal from the sodomy charge.

The notice, which was signed by Solicitor-General Datuk Idrus Harun, was filed at the Kuala Lumpur Criminal High Court registry.

On Jan 9, High Court Judge Datuk Mohamad Zabidin Mohd Diah had acquitted and discharged Anwar, who had been charged with sodomising Saiful at a Desa Damansara condominium unit in Bukit Damansara here between 3.10pm and 4.30pm on June 26, 2008.

Anwar, 65, was charged under Section 377B of the Penal Code which carries a sentence of up to 20 years’ jail and whipping, upon conviction. -Bernama

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The trial judge Mohd. Zabiden Mohd. Diah only took less than ten minutes to deliver his verdict on the case which was postponed 30 times.

Published: Monday January 9, 2012 MYT 6:49:00 AM
Updated: Monday January 9, 2012 MYT 1:24:51 PM

Sodomy II: Anwar acquitted

Three explosions heard at car park, police investigating: KL CPO

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KUALA LUMPUR: The High Court on Monday acquitted and discharged Opposition leader Datuk Seri Anwar Ibrahim of the charge of sodomising his former aide Mohd Saiful Bukhari Azlan.

Justice Mohamad Zabidin Mohd Diah said that after going through the evidence, the court could not be 100% certain the integrity of the DNA samples was not compromised.

He said as such, the court was left only with Saiful’s testimony, which was uncorroborated, and was reluctant to convict based entirely on this.

These are the live updates by The Star team at the Jalan Duta court complex:

11.30am: Crowd has dispersed save for a few stragglers waiting for police to open roads.

11am: Ceramah at Masjid Wilayah called off after multiple explosions heard in the area.

Police, using a loudhailer, are urging the crowds to disperse for safety reasons. Crowd slowly disperses and leaves the court complex area.

Sniffer dogs have been employed by police at the scene of the first two blasts.

Karpal Singh on Anwar’s acquittal: “This is a decision based on merit. Should not be appealed. Very good win for Anwar.”

The 4WD vehicle, which was damaged, after a traffic cone exploded at the car park

10.50am: Police have received reports of a third explosion. They have cordoned off the site with police tape.

10.35pm: Kuala Lumpur CPO DCP Mohamad Salleh says police are investigating two explosions at the car park about 400m from court complex. The bomb squad and forensics team are at the scene.

10.30am: Mohd Saiful has tweeted that he remains calm over the verdict.

Thousands of supporters have filled out the road in front of the government complex near the court house. A slew of PKR junior leaders are giving speeches now. The supporters have to be content with sitting on the road as police have barred entry into Masjid Wilayah, where Anwar and other Pakatan leaders are meeting supporters who made it in.

Anwar earlier addressed crowd at the car park. He hailed his acquittal and urged the crowd to disperse peacefully.

10.10am: Anwar is heading towards the mosque, where he will be addressing his supporters.

Anwar acknowledges the crowd at the court complex

10.05am: Anwar leaving the court complex amidst a sea of supporters who are cheering him on. He thanks Wan Azizah for standing by him and credits Karpal Singh as the intelligent defence counsel.

10am: Anwar supporters have formed a long human chain to give him and other Pakatan leaders unimpeded access to the mosque. Traffic is smooth for now, hardly any cars. Part of the crowd has moved off to the mosque or gone home, but still many in front of the court house to greet Anwar.

PKS deputy president Azmin Ali: “We are grateful the court has set Anwar free. It proves that at the end of the day, truth will prevail. Since the first day, we are confident Anwar is not guilty.”

9.40am: PKR Youth wing members and other supporters waiting for Anwar to emerge from the court house, and are most likely going to escort him to Masjid Wilayah.

Other supporters assemble and sit in front of the complex main gate to cheer and celebrate Anwar’s acquittal.

***************

It is said that part of the delay was about the written judgment which took sometime to complete and only recently made available.

The judgment made by High Court Judge Mohamad Zabidin Mohd Diah six months ago surprised many, which include the accused and the foreign media which have been supporting him. The Opposition even had their supporters ready to start a wild street demonstration when the judge issue his judgment because they had anticipated that the former abuse-of-power convict was to get the incarceration order.

Since the original DPP for the case Dato’ Yusof Zainal Abiden has already retired, the Solicitor General Dato’ Idrus Harun would act on behalf of the public prosector in this appeal case.

For the record, it has been slightly over four years since Mohd. Saiful Bukhari Azlan made the police report of being sodomized by Anwar. Complaint by Saiful brought Anwar to face criminal charges for sodomy on 3 Feb 2010. Many believed that like the first sodomy case, Anwar did it again this time around. However, just under two years after he was formally charged, Justice Zabidin acquitted Anwar on 9 Jan 2012.

Published in: on July 10, 2012 at 16:00  Comments (13)  

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  1. it’s like a wound reopens for nwar…

    i feel ‘relieved with a bit sceptical’ about how things are going to be manouvered this time…

    don’t mention about dna…
    don’t mention about dna…
    don”t mention about dna…

    why on earth we cannot apply the latest approach in dna findings for this case when all over the world, dna usage has helped to solve lots of cases regarding sexual offences? dna is dna!

    why is this case different?

    • Sorry, don’t understand why you repeated “don’t mention about dna”. Zabidin didn’t disallow arguments on DNA, did he? I thought he only didn’t accept its validity. (Btw, any law requiring us to refer to Judges as Justice or Dato?)

      Yeah, the appeal is registered only after 6 months? Why so long I wonder? Problem in getting the written judgment?

    • Bernama report 11 July giving grounds of appeal just published on Google News page –

      It boils down to whether the DNA sample taken from Saiful’s anus is the same as that taken from the lockup occupied by Anwar.

      Hope the Prosecution this time will focus on this, stretch and exhaust all possibilities on that aspect of the case, find all the necessary evidence, arguments and what have you, so that Zabidin’s judgment will be set aside and Anwar gets to Sg Buluh.

  2. Waah, don’t see Hamid commenting yet. Hamid, where are you?

    You are welcome to participate in the discussions so long as your non-mainstream opinions are supported by facts, justifications, explanations, authoritative and verifiable information.

    Am trying to be constructive for the good of all of us participants in this blog. Will come in again when got free time. Meanwhile, have a good morning, everybody.

  3. Good that BD puts this post out. Let’s discuss this.

    I used to have some apprehension discussiing Court decisions. But good of the Chief Justice saying the following a few days ago in Kota Bharu – pls allow me to c & p the main part for those who may have missed reading it or still unsure about discussing Court decisions:

    KOTA BARU: THE judiciary does not bow to the executive nor is it politically motivated when delivering judgments, Chief Justice Tun Arifin Zakaria said.

    Arifin said the public was free to criticise the judiciary, but the criticism must be analytically correct and logical, not biased or emotional.

    “Don’t just say this is not fair and that is not fair. They must have proof to argue a case. Analyse the judgment, how and where it has gone wrong, then we will accept.

    “It’s not contempt of court (to criticise a judgment). It’s only so when they say that it is unfair, biased and there is corruption. If there is corruption, prove it.”

    Arifin also said compared with the executive and legislature, the judiciary was the weakest as it was unable to respond to criticisms.

    “Judges cannot defend themselves in newspapers or debate with their detractors. Our response is through our judgments. The judgment itself speaks of our independence.

    “We are humans and not God. We cannot achieve absolute justice, but we try our best within our capacity and through this we try to improve from our ability and knowledge of laws,” he said.

    Zaki, in a statement on Saturday, said the verdicts of past cases, such as those involving opposition leader Datuk Seri Anwar Ibrahim and the claim by settlers against Felda, were proof that the judiciary was independent and had not bowed to the executive or took sides when delivering judgments.

    Read more: Judiciary has always acted fairly, says Arifin – General – New Straits Times http://www.nst.com.my/nation/general/judiciary-has-always-acted-fairly-says-arifin-1.105004#ixzz20B7vqEHU

  4. “Don’t just say this is not fair and that is not fair. They must have proof to argue a case. Analyse the judgment, how and where it has gone wrong, then we will accept.

    We know there is the Court of Appeal. And judgments can be reversed. But I think he does not mean that arguing the case is only in the Court of Appeal and only by lawyers who have ready access to, and have the time to go through some 80 pages of documents because it’s connected with their job.

    And I take comfort in his statement, “the public was free to criticise the judiciary, but the criticism must be .. logical, not biased or emotional .. Don’t just say this is not fair and that is not fair.”

    In other words, it cannot be the usual Opposition parties’ kind of criticisms – wild accusations, unsubstantiated, not even accompanied by explanations. Must be “logical, not biased”, said the CJ.

    But isn’t it logical to think that there could have been something funny in the fact that the Prosecutor who prosecuted Anwar in Sodomy II, lost the case, soon after retired and then defended Anwar in another case?

  5. Yea.At least he write the judgment.There is one judge,now in Feeral court,he never write a judgment on one murder case for almost 5 year.The poor accused was remain in Jail fpr seven year until the appeal court reverse his decision.

    • You never learn, ha, Hamid. Despite you got bombarded left right and centre, and given all sorts of advice on commenting in comments to the previous posts.

      At least you should say which judge, which case lah, Pak Cik. You really are thick-skinned, stubborn old mule, not bothered by comments and advice given here, ha? Continuing with your wild, unsubstantiated, unexplained accusations.

      Aiseh, you bodoh ka? No case can be heard by the Appeal Court until a written judgment is produced by the lower court. And Judges are allowed to furnish their written judgments at a later time. Yet you use the word “never”? Cakap bodoh, marah. Apa la lu, Hamid?

  6. Court decisions are based on the law. Political decisions are based on public perception. The two sometimes differ.

    But I hope when the Appeal Court reverses the High Court decision, nobody perceives it as anything but based on the law. I like to think of “when”, not “if”. The AG needs to go to the highest court of the land if necessary.

    True, the public already has the strong impression that Anwar sodomizes Saiful. The Appeal Court Judges of Sodomy I had it recorded that Anwar did sodomize, although allowed the Appeal on technical grounds.

    Hope the Appeal Court Judges of Sodomy II won’t find anything to let Anwar go on technical grounds and merely record the fact that he did sodomize. The DPP must read and re-read the decision on Sodomy I appeal, prepare his case thoroughly, consult and refer where necessary, make bloody sure there’ll be no room for the Judges to arrive at such a decision again, and put Anwar behind bars again. Hopefully before PRU13.

    He’s a menace to society. That’s public perception again. He has brought it unto himself. Bad-mouthing the country here and abroad.

  7. High Court’s judgement was a blessing in disguise following the written judgement which concluded that there was penetration, i.e. Anwar committed the sodomy act on Saiful.

    The acquittal was purely on technical ground, i.e. on the administration of DNA sample. At the Court of Appeal, the Prosecuter only need to put into perspective beyond reasonable doubt that there is no possibility whatsoever that the test could be tampered. The Defense had created some doubt about this and the ball is not at the Prosecuter’s feet to remove whatever remnants of the doubt.

    Anwar on the other hand, has no more crappy ammunition left in the Court of Apeal. Upon High Court’s acquittal, he had unreservedly accepted that the decision was fair. In other word, he had agreed that the Court was independent, not politically motivated and indeed there was no conspiracy.

    He had swallowed his own most lethal bullet, the “conspiracy” theory. He had to acknowledge that his accusation that the judge was “bought by Umno” was a complete farce. Had he lost the High Court case, these bullets would continue to fly at even higher speed during Court of Appeal proceedings.

    Looking back, it was a short-lived victory that brought more damage to Anwar’s defense tactics. Now, he would wish he had lost then.

    “he who laughs last laughs the loudest”

    Anwar has had his laugh.

    • Correcto – ” the ball is now at the Prosecutor’s feet…” – sorry

    • Bloody good points, bro. Will refer to these when commenting on the bugger after this. Txs.

  8. Less then 10minutes to make a decision, see how lazy he is. Mine is only a few seconds. I think because the other side either bribe him or they are same race as him. Bias and so unfair.


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