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Sunday, July 21, 2013

SODOMY II RETURNS: Anwar may be sent back to jail when appeal hearing begins Monday

SODOMY II RETURNS: Anwar may be sent back to jail when appeal hearing begins Monday
Not many people realize it and Anwar Ibrahim himself has chosen not to make a fuss of it but he could be sent back to jail if the Court of Appeal overturns a 'cast-iron' acquittal and chooses to sentence him for the Sodomy II case after a two-hearing that starts on Monday.
The Opposition Leader's lieutenants were however more vocal. They lambasted Prime Minister Najib Razak, whom they see as the driving force behind the Attorney General's decision to appeal the High Court's ruling.
"Yes, it is true Anwar might go back to jail. Like it or not, we have to admit we have a fickle judiciary and this case smacks of political persecution," PKR vice president Tian Chua told Malaysia Chronicle.
"It really reflects on Najib's political insecurity. In public and overseas, he goes to Indonesia and tells President Susilo Bambang Yudhoyono and former vice president Jusof Kalla he wants national reconciliation and asks them to help him mediate. But back inside his own country, Najib turns to persecution and intimidation,"
Suspicious prosecution
In January, the Kuala Lumpur High Court had acquitted Anwar of sodomy charges pressed by the federal government after a former PKR party worker Saiful Bukhari Azlan had lodged a complaint with the police that he had been sodomized by Anwar in July 2008.
The decision by the federal government to prosecute Anwar came under heavy domestic and international fire as the circumstances surrounding Saiful's accusation were highly suspicious.
Saiful lodged his complaint after meeting top officials in Najib's office and just after Anwar announced his decision to make a comeback to active politics by contesting the Permatang Pauh parliamentary seat.
Not only did the evidence, especially the DNA reports, produced in court by the prosecutors fall sadly short of mark and were easily countered by Anwar's defense team, Saiful's father has since cast doubt on the case.
Although he has since retracted, Saiful's father stunned the nation in April by saying Anwar was "innocent" and apologizing to him.
Stay of execution can be denied
In explaining its decision to appeal, the Attorney-General's Chambers said it was guided by "evidence" and acting in accordance with the law.
“The decision to file this notice of appeal will enable this department to obtain the full written judgment of the learned judge and the record of the proceedings from the High Court; and accordingly will be able to appreciate the grounds considered by the learned judge in arriving at that decision,” it said in a statement.
The Kuala Lumpur High Court had on Jan 9 acquitted and discharged Anwar on a charge of sodomising his former aide Saiful Bukhari Azlan in 2008. Justice Mohamad Zabidin Mat Diah had ruled that the court found the complainant’s testimony uncorroborated.
The judge also said that the court could not be 100 per cent certain that the integrity of the DNA samples was not compromised.
Meanwhile, MP for Subang Sivarasa Rasiah - another of Anwar's lawyers - was confident the defense team led by Karpal Singh would be able to beat off the appeal.
According to Siva, in the event that the prosecutors won, it was likely the defense would apply for a stay of execution pending final appeal to the federal court.
However, such a stay could also be denied, acknowledged Siva, and Anwar - long a thorn in Najib's flesh - could be remanded.
The two-day appeal hearing will be held at the Court of Appeal in Putrajaya on Monday and Tuesday, both days due to begin at 9am.
Malaysia Chronicle

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