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.