The Federal Court decided moments ago the same decision Fourth Prime Minister Tun Dr. Mahathir Mohamad made sixteen and a half years ago; Anwar is guilty as a buggeror.
Pro-Anwarista news portal story:
BY THE MALAYSIAN INSIDER
Published: 10 February 2015 11:41 AM
Opposition leader Datuk Seri Anwar Ibrahim, whose coalition for the first time took 52% of the popular vote in the last general election, was today convicted for sodomy by Malaysia’s highest court.
As the verdict was delivered, Anwar turned and hugged his wife Datuk Seri Dr Wan Azizah Wan Ismail.
He then turned to his son, who was seen nodding his head at something that Anwar told him. Anwar then kissed his grandchildren.
“Remember what I told you, you must go to school,” Anwar told his grandson.
His lips quivering, Anwar also hugged his daughters who were in tears.
Dr Wan Azizah’s father, Wan Ismail Wan Mahmood, was also in tears. “You have to be strong,” Dr Wan Azizah was heard telling her father.
Anwar kept assuring his family and other Pakatan Rakyat leaders hugging him that he was all right.
He was overheard telling one of them, “I knew it was bad”.
Many of his supporters were crying in court. Patron for people’s movement, Negara-ku, Datuk Ambiga Sreenevasan was seen comforting Dr Wan Azizah while DAP secretary-general Lim Guan Eng gave Anwar a bear hug.
The court is adjourned for one hour following an application from Anwar’s lead counsel Datuk Seri Gopal Sri Ram.
The mood outside the court room was sombre as many tried to hold back tears.
A tearful Elizabeth Wong, who is Selangor exco member, was heard telling supporters to “go see the boss”. Anwar was later seen consoling a supporter who was crying uncontrollably.
Meanwhile, outside the court complex, supporters of both Anwar and Saiful Bukhari Azlan were told to disperse. Riot police could be seen getting ready to control the crowd and to prevent any untoward incident.
Anwar’s supporters asked for permission to see their leader for one last time and started moving to the back of the court complex.
One of Anwar’s lawyers, Ramkarpal Singh, told reporters the defence would be seeking a lower sentence.
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.
The prosecution has filed a cross-appeal for an enhanced sentence, which could stretch up to 20 years.
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.
Lawyer Shailender Bhar who followed proceedings outside court through Twitter said he was “surprised” by the verdict by the bench.
“The submission presented by the defence suggest ed Anwar will be freed,” he said.
Another lawyer Ramesh Sivakumar said this decision had altered some of the fundamental legal principles in sexual offence cases.
“The courts can now on completely disregard any need for corroborative evidence” he said.
In this case, he said although Saiful’s credibility was shattered, yet the bench ruled he was a reliable witness.
“To my mind, the bench has set dangerous precedent on sexual offences which is easy to allege by a complaint but difficult to prove innocence by accused,” he added.
The former deputy prime minister’s legal battle in the second sodomy case began in August 7, 2008, when he was charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, at an apartment in Damansara.
The High Court had in January 2012, acquitted Anwar, but this was overturned by the Court of Appeal in March last year.
The first sodomy case against Anwar was in 1998, after he was sacked from the government.
He was then accused of sodomising his wife Datuk Seri Dr Wan Azizah Wan Ismail’s former driver Azizan Abdul Razak but was acquitted in a 2- 1 majority ruling by the Federal Court in 2004. – February 10, 2015.
A more comprehensive story by The Malay Mail Online:
Anwar gets five years as Federal Court maintains sodomy conviction
BY SHAZWAN MUSTAFA KAMAL
PUBLISHED: FEBRUARY 10, 2015 12:13 PMUPDATED: FEBRUARY 10, 2015 02:42 PM
PUTRAJAYA, Feb 10 — Datuk Seri Anwar Ibrahim has been sentenced to five years’ jail 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.
“It is beyond reasonable doubt that PW1 (Saiful) was sodomised by the appellant (Anwar). The appeal against the conviction is dismissed,” Ariffin said when delivering the unanimous decision.
After hearing submissions from both sides and taking a brief recess, the judges came back to hand down the same five-year sentence that the Court of Appeal gave Anwar last year.
IN THE GALLERY
Supporters of Datuk Seri Anwar Ibrahim are seen outside the Palace of Justice in Putrajaya February 10, 2015. ― Picture by Mayuri Mei Lin
Supporters of Datuk Seri Anwar Ibrahim are seen rallying behind the police barricade outside the Palace of Justice in Putrajaya February 10, 2015. ― Picture by Mayuri Mei Lin
“The court dismissed both appeals and affirms sentence of five years,” Arifin said.
Earlier, Tan Sri Muhd Shafee Abdullah, the private lawyer appointed to lead the prosecution, argued that this was not the first time Anwar was convicted of sodomy and pressed for a heavier penalty as the offence permits for jail of up to 20 years.
He contended that the sentence should not be lesser than the six years Anwar had received during his first sodomy conviction that was later reversed.
“What I can do is to suggest that five years in prison wrong in principle. It cannot be anything lesser than what he had been given many years ago,” Shafee said.
Submitting to mitigate the sentence, Anwar’s lawyer Ramkarpal Singh asked the court to consider the opposition leader’s past contributions to the country and to ignore his previous conviction.
“Your Lordships should take into account whether Court of Appeal judiciously considered the sentence and reflect that these are very special facts to the case.
“If your Lordships are not with me… it is then my submission no good reason on enhancing sentence on the facts of this case,” he said
Earlier, Arifin 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.
Immediately after the decision, Anwar turned around and hugged wife Datuk Seri Dr Wan Azizah Wan Ismail as the rest of his family burst into tears.
The opposition leader appeared stoic as he made a series of calls on his mobile phone to inform people of his conviction.
The sombre air that began descending on the courtroom as Arifin began his summary became overwhelming after the decision was delivered, as Anwar’s allies also began tearing up.
One by one, family, friends and supporters came up to hug him and say their farewells as Anwar tried to contain his own emotions.
Behind him, his young grandchildren looked on, apparently unaware of the significance.
“Are we done yet?” one grandson asked.
Dr Wan Azizah was seen asking her father to “be strong”.
Despite her advice, the PKR president and Nurul Izzah Anwar both began sobbing uncontrollably as the judges returned to deliver their sentence.
Anwar then kissed Dr Wan Azizah on the forehead to console her, before turning to address friends and supporters present.
“See you in some years,” he said.
His lawyers earlier asked for a one-hour adjournment in order to prepare submissions for his sentencing.
Anwar and his lawyers later huddled together in discussion.
The offence under Section 377B of the Penal Code that Anwar is convicted of allows for a maximum punishment of 20 years in prison as well as caning. The 60-year-old Anwar may not be caned, however, due to his age.
The High Court had in 2012 acquitted Anwar of the 2008 charge but the appellate court ruled on March 7, 2014 that the trial judge had erred when rejecting the DNA evidence produced in the case.
Lead prosecutor Tan Sri Muhammad Shafee Abdullah has indicated the prosecution’s intention to seek a jail term of longer than the five years handed down to Anwar when he was convicted last year.
The Federal Court hearing was presided over by a five-member panel led by Arifin. Others include Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Abdul Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk Ramly Ali.
Anwar was represented by a 14-man defence team led by former Federal Court judge Datuk Seri Gopal Sri Ram. Others include lawyers R.Sivarasa, Latheefa Koya, N. Surendran and Gobind Singh Deo.
This also proven that former Inspector General of Police Tun Mohd. Haniff Omar and his Special Branch officers were right all along about then Deputy Prime Minister and all powerful Minister of Finance Anwar Ibrahim all along.
The first reports about the latter’s ‘unnatural sexual habit’ surfaced somewhat twenty two years ago.
All along, Anwar Ibrahim focused on the excuse of ‘political conspiracy against him’ to harness mass support of ordinary people by rising against a “Corrupt, unjust and filled with cronyism practices”.
It actually caught on the imagination of many, started from the ‘Reformasi Movement’ a few days after he was unceremoniously sacked as Deputy Prime Mininister of 2 September 1998 and from UMNO, a day later.
The mob street ‘Reformasi Movement’ snowballed into a political movement called KeAdilan and later Parti KeAdilan Nasional (PKN) was formed and his wife Wan Azizah Wan Ismail became the president.
To strengthen it further, PKN joint forces with Partai Sosialis Rakyat Malaysia (PSRM) and Parti KeAdilan Rakyat was formed. Anwar as the ‘Advisor’ of PKR, fortified their anti-BN chats with Chinese Chauvinist DAP and PAS and managed to partly cripple BN in the March 2008 ‘Political Tsunami’ where BN lost 2/3 majority control of Dewan Rakyat for the first time and five State Governments.
After Mohd Saiful Bukari Azlan made a Police report on 28 June 2008 against Anwar Ibrahim for buggering him, the latter continued the ‘conspiracy about toppling him’.
As a reaction and defense system to this investigation, Anwar launched a deception about “31BN MPs ready yo jump into his bandwagon and Pakatan Rakyat is about to take over the Federal Government by or on 16 September 2008″.
The Government was quick to issue a statement on the Apex Court decision to uphold the March 2014 Court of Appeal judgment of five years jail.
Government’s statement on Anwar Ibrahim
10 FEBRUARY 2015 @ 12:40 PM
PUTRAJAYA: The government has issued the following statement after the Federal Court upheld the Appeal Court’s decision in finding Datuk Seri Anwar Ibrahim guilty of sodomy.
“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 Federal Court today is upholding the Court of Appeal judgment for five years incarceration. The last time Anwar was incarcerated for the same offence it was for nine years jail. However that was fifteen years ago.
Anwar sent to prison
BY NST TEAM – 10 FEBRUARY 2015 @ 3:09 PM
PUTRAJAYA: Datuk Seri Anwar Ibrahim who was in the courtroom at the Palace of Justice was led away by policemen to serve his five-year jail sentence in Sungai Buloh prison.
Shouts of “Hidup Anwar!” were heard in court as Anwar was taken away with his wife Datin Seri Azizah Ismail in tow.
Outside the court complex, more than 1,000 supporters chanted Reformasi after being told of the verdict that sent Anwar to prison for five years.
Some of them were seen holding and waving the party’s flag and several of them also climbed onto the barricade with chants of “Reformasi” while waiting for Anwar to be escorted out of the court.
It is clear not only there would be a by-election in Permatang Pauh Parliamentary constituency, to replace Anwar as the MP but eventually a new Opposition Leader should be nominated. The loose Opposition coalition of the-marriage-of-(un)holy-(in)convenience-between-backstabbing-strange-bedfellows would now have to appoint a new leader too.
The most important bit to Tun Dr. Mahathir and Tun Mohd. Haniff Omar being right all the while is that Mohd. Saiful Bukhari Azlan got his justice, after six years, seven and a half months.