Malaysians from all walks of life
particularly people who are concern
about ‘ justice must be seen to be done’
are awaiting to see whether
or not the Federal Court would do
justice to Mohd. Saiful Bukhari Bin Azlan, the former aide of Anwar Ibrahim.
Saiful reported to polis that he was sodomised
by his former boss, Anwar Ibrahim on 28.6.2008 at Desa Damansara Condimuinium. Police acted on
his report, and Anwar Ibrahim was
charged for commiting an offence under
Section 377B of the Penal Code, which
carries a jail term of up to 20 years and whipping, upon conviction.
The Appeal Court consist of three panel of learned judges, Balia Yusof Hj Wahi, Aziah Ali
And Mohd Zawawi Bin Salleh , has considered the submissions put up by Anwar Ibrahim’s defence council and the prosecution. The Court of Appeal on 7th March 2014 find Anwar guilty of sodomising his aide Mohd.Saiful Bukhari Azlan and imposed him 5 years
imprisonment. But, Anwar Ibrahim
has spared of the punishment of
whipping.
The Appeal court has taken into
consideration some important evidences as follows in making their judgement:
1. 1. The
samples exhibited to
prove the offence committed were authentic and the integrity were upheld.
2. 2. Anwar’s
statement from the dock is not entitled
the
same weight as sworn testimony because
it is not subject to cross examination.
3. 3. Anwar has given a notice of 14 witness as an alibi but abandoned it and elected to give evidence from the
dock. An unsworn evidence not subject to cross examination.
4. 4., The
Appeal Court rejected the defense submission that the DNA
were planted.
5. 5. The
Appeal court take into consideration the fact that the DNA never degrade for years.
6. 6.Saiful
Bukhari ‘s evidence as a complainant are
convincing and do not necessarily need a corroborative evidence.
7. 7.The
Appeal Court find that the expert testimonies
produced by Anwar's defense council were conflicting and opposing.
In imposing 5 years jail sentence , the Appeal Court has
considered the commission of the offence, the seriousness of the offence and
weighed them as against public interest.
The court finds that the 5 years imprisonment would
serve the ends of justice and is proportionate to the offence committed. Application
for stay of execution of sentence was allowed. Bail was granted at RM10,000.00
with one surety.
The question now is, will the
Federal Court which hear Anwar’s appeal of
stay of execution on 28
and 29 October 2014 will upheld the decisions of the
Appeal Court to ensure justice done to Saiful Bukhari, a common man but lost grievously.
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