Tuesday, November 4, 2014

WILL ANWAR IBRAHIM SUCCEED IN HIS APPEAL TO OVERTURN HIS CONvICTION BY APPEAL COURT?

Datuk Seri Anwar Ibrahim, the defacto leader of Parti Keadilan Rakyat (PKR),  was charged under Section 377B of the Criminal Procedure Code  alleging committing  a sodomy in year 2008.  The charge read was he sodomise  his aide, Mohd. Saiful Bukhari Azlan. The Appeal Court found him guilty and sentenced  him  five years jail on 7th March 2014. Nevertheless, Anwar Ibrahim filed an appeal  ‘a stay of execution’ and the court granted  his appeal.

The ‘stay of execution’ appeal filed by Anwar came for hearing  in Putrajaya Federal Court beginning 28th of October and today is the  the 6th day of  the hearing. The Federal Court, consist  of five members, is expected to deliver their decision and it is expected to known  by today  weather Anwar Ibrahim  will succeed in his attempt to  overturn his conviction of five years’ jail sentence.

The defence council of Anwar Ibrahim  has submitted their submissions  bringing in a lot of new arguments and  evidences. But the prosecution team claimed  that it is easy for them to counter all the submission submitted by the  defence council  because  85% of the submissions are ‘old’ and the Appeal Court has already heard it in the earlier trial and already made a  fair and just decision.  Neverthjeless, the prosecution claimed that it has to counter only about 15% of the  new submission in their final submission which  pose no problem for them  because they have ‘hard facts and evidence’ to prove the offence committed.

Anwar Ibrahim and his defence council attacked the judiciary system and alleged vehemently that  there exist a political conspiracy  at the highest order  to frame him  and put him in jail.  But the court dismisses his claims and make decisions based on facts and evidence and not on speculations.

The prosecution team has refuted and  proved  beyond doubt the  defence  council’s submission  that the cops  obtained DNA from some of the items  used by Anwar  by trickery and deception.  But, on contrary, the prosecution proved  beyond doubt  that the DNA found on the items used by Anwar Ibrahim  matched to that of  the “Male Y’, whoes DNA found in the rectum of the sodomy  complainant, Mohd.Saiful Bukhari Azlan. The DNA OF ‘ Male Y ‘ was established by the expert chemist and admitted by the court.  The DNA was  kept as an exhibit according to the prescribed procedures.

The interesting facts about Anwar Sodomy II  trial , is that the court  has  postpone  the Sodomy Trial II for almost 60 times  ever since it started in year 2008  and most of the  postponement were requested by the  Anwar’s  defence  council.  It was also found that most of the defence councils  are from the PKR party  which headed by Anwar Ibrahim’s wife.


With this background, the law abiding citizens of Malaysia are expecting the Apex court to avoid any miscarriage of justice. An iota of injustice inflicted any individual involve in this case may tarnish the integrity of Malaysian judiciary. 

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