Monday, October 27, 2014


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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