Published: Friday March 7, 2014 MYT 4:29:00 PM
Updated: Friday March 7, 2014 MYT 5:49:46 PM
Updated: Friday March 7, 2014 MYT 5:49:46 PM
Anwar guilty of sodomy
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PUTRAJAYA: A three-man panel of the Court of Appeal unanimously found Datuk Seri Anwar Ibrahim guilty of sodomising his former aide in 2008.
He argued that the law was strict on the integrity of samples.
"If unexplained (over the integrity of samples), it ought to be taken in favour of the respondent (Anwar)," he said.
Anwar's lead counsel Karpal Singh also hit out at lead prosecutor Tan Sri Muhammad Shafee Abdullah's remarks over Anwar's move to give a statement from the dock.
Karpal said that Shafee had defended lawyer and former deputy Speaker D.P. Vijandran for a case in Ipoh where he had given a statement from the dock.
"He (Vijandran) is obviously not a low mental capacity," he said to Shafee's remarks that such a defence was to protect a vulnerable accused who is mentally not stable.
Anwar was acquitted by the High Court on Jan 9,2012 for allegedly sodomising his former aide Mohd Saiful at Desa Damansara Condominium in Bukit Damansara on June 26, 2008.
Trial judge Justice Mohamad Zabidin Mohd Diah had ruled that the court could not be 100% certain, after going through the evidence, that the integrity of the DNA samples had not been compromised.
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The panel led by Justice Balia Yusof Wahi allowed the prosecution's appeal against a 2012 High Court decision that acquitted Anwar of the charge.
Justice Balia held that the trial judge had erred in his finding that the integrity of the samples had been compromised.
The court is expected to deliver sentencing shortly.
Earlier, the court was told that a DNA profile of a third party was found in aide Mohd Saiful Bukhari Azlan's anus despite his claim of not being a homosexual.
Anwar's co-counsel Ramkarpal Singh submitted that the prosecution had failed to explain the source of the contributor of the third DNA in the "intimate samples" during the Opposition leader's sodomy trial.
He argued that two samples taken from Saiful's anus and a Good Morning towel found in Anwar's lock-up on the night of July 16, 2008 have the third party's DNA.
Ramkarpal said the presence of third party's DNA could only happened if Saiful had a sexual relationship with a man or that someone else had came into contact with the samples taken from the complainant.
"Only two ways (third party's DNA) this can happen. First, if he (Saiful) had a sexual relationship with a man who ejaculated inside him leaving his DNA there.
"Or someone else had come into contact with the sperm after it was extracted," he argued before a three-man panel chaired by Justice Balia Yusof Wahi with Justices Aziah Ali and Mohd Zawawi Salleh.
He said the defence do not know the identity of the third party contributor.
"There is certainly some form of tampering as he (Saiful) himself said that he is not homosexual.
"It cannot be a coincidence for a same person's DNA to be found on the different items," he said.
He said the possibility of retired investigating officer Supt Judy Blacious Pereira to have contact with the samples could not be excluded due to him being a custodian of those items for a longer time.
"It is not for us to speculate but it creates a reasonable doubt. Other people who had custody included three government doctors," he said.
Ramkarpal submitted that the prosecution's contention that Supt Jude had merely cut an envelope containing samples for relabelling was "too much a simplistic view".
Anwar's co-counsel Ramkarpal Singh submitted that the prosecution had failed to explain the source of the contributor of the third DNA in the "intimate samples" during the Opposition leader's sodomy trial.
He argued that two samples taken from Saiful's anus and a Good Morning towel found in Anwar's lock-up on the night of July 16, 2008 have the third party's DNA.
Ramkarpal said the presence of third party's DNA could only happened if Saiful had a sexual relationship with a man or that someone else had came into contact with the samples taken from the complainant.
"Only two ways (third party's DNA) this can happen. First, if he (Saiful) had a sexual relationship with a man who ejaculated inside him leaving his DNA there.
"Or someone else had come into contact with the sperm after it was extracted," he argued before a three-man panel chaired by Justice Balia Yusof Wahi with Justices Aziah Ali and Mohd Zawawi Salleh.
He said the defence do not know the identity of the third party contributor.
"There is certainly some form of tampering as he (Saiful) himself said that he is not homosexual.
"It cannot be a coincidence for a same person's DNA to be found on the different items," he said.
He said the possibility of retired investigating officer Supt Judy Blacious Pereira to have contact with the samples could not be excluded due to him being a custodian of those items for a longer time.
"It is not for us to speculate but it creates a reasonable doubt. Other people who had custody included three government doctors," he said.
Ramkarpal submitted that the prosecution's contention that Supt Jude had merely cut an envelope containing samples for relabelling was "too much a simplistic view".
"Tampering is fatal. That is why we say that the trial judge was correct when he said that he cannot be 100% certain that the samples is not compromised," he argued.
He argued that the law was strict on the integrity of samples.
"If unexplained (over the integrity of samples), it ought to be taken in favour of the respondent (Anwar)," he said.
Anwar's lead counsel Karpal Singh also hit out at lead prosecutor Tan Sri Muhammad Shafee Abdullah's remarks over Anwar's move to give a statement from the dock.
Karpal said that Shafee had defended lawyer and former deputy Speaker D.P. Vijandran for a case in Ipoh where he had given a statement from the dock.
"He (Vijandran) is obviously not a low mental capacity," he said to Shafee's remarks that such a defence was to protect a vulnerable accused who is mentally not stable.
Anwar was acquitted by the High Court on Jan 9,2012 for allegedly sodomising his former aide Mohd Saiful at Desa Damansara Condominium in Bukit Damansara on June 26, 2008.
Trial judge Justice Mohamad Zabidin Mohd Diah had ruled that the court could not be 100% certain, after going through the evidence, that the integrity of the DNA samples had not been compromised.
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Anwar found guilty of sodomy
PUTRAJAYA: Opposition leader Datuk Seri Anwar Ibrahim was convicted of sodomising former aide Mohd Saiful Bukhari Azlan in 2008.
The three-man Court of Appeal bench, headed by Datuk Balia Yusof Wahi, delivered the unanimous decision to a packed courtroom at 5pm today.
Balia, speaking on behalf of the whole panel, ruled that the trial judge failed to judicially appreciate the evidence and give proper weight to prosecution witness testimonies.
"PW25(Prosecution Witness 25 investigating Officer Supt Jude Blacious Pereira) had merely cut open P27(the plastic) to remove the receptacles(containing the semen samples) to be put into separate envelopes.
"It is beyond dispute the tampering is only to the plastic and this is supported by PW25.
The receptacles were intact. If they had been tampering, the (semen)samples were undisturbed," Balia said.
Balia said the court is of the view that the trial judge had erred in giving weight to DW2(Defence Witness 2) and DW4 that seemed to be armchair experts.
"We allow the appeal and set aside the High Court judgement," Balia said before ruling that Anwar is found guilty of the offence.
As voices began rising in the public gallery, Anwar's counsel Karpal Singh told the court that the appeal process seemed to have been rushed.
"We need a week or so(to prepare mitigation for a lenient sentence). Every opportunity should be given to my client," Karpal said in applying for a week's time to prepare mitigation.
Deputy public prosecutor Tan Sri Muhammad Shafee Abdullah told the court the prosecution opposes the respondent Anwar's application because the appeal had been delayed since July.
"We have been waiting for so long. I submit we should hear submission for mitigation today," Shafee said.
Shafee said that despite the conviction and sentencing, Anwar will surely file an appeal.
"It is the respondent's own fault that we are put in the position today," Shafee said.
Karpal then said Shafee speaks with a forked tongue and said mitigation is an integral part of trial.
Shafee then cut off Karpal by shouting,"I have understanding..."
Balia then sternly ordered all parties to behave.
"I have stated all along for parties to behave," Balia rebuked the parties involved.
Shafee then reminded the court that all parties had been given adequate time and that he himself had been at court at 9am on every proceeding.
"I am sure Yang Arif(Your Honour) knows this," Shafee said.
Balia then told the respondent that the court will give him one hour to prepare mitigation.
The panel then stood down to allow Anwar to prepare for mitigation.
The three-man Court of Appeal bench is also comprised of Datuk Aziah Ali and Datuk Mohd Malawi Salleh.
Counsel Ram Karpal Singh and Sangeet Kaur Deo acted for respondent Anwar.
On Aug 7, 2008 at the Sessions Court, Anwar, 67, claimed trial to sodomising Saiful, 29, at Unit 11-5-1, Desa Damansara condominium, No. 99, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26 the same year.
The offence is punishable with imprisonment up to 20 years and whipping under Section 377B of the Penal Code.
The High Court ordered Anwar to enter his defence on May 16, 2011. He was later acquitted and discharged on Jan 9, 2012.
The prosecution filed an appeal against the verdict on Jan 20, 2012.
Datuk Seri Anwar Ibrahim, accompanied by Datin Seri Azizah Ismail, arrives at the court complex -- Pix by Mohd Fadli Hamzah
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