Sodomy 2 live updates: Verdict on Anwar’s final appeal
THE RAKYAT POST
The Federal Court is set to deliver the verdict on Opposition leader Datuk Seri Anwar Ibrahim's final Sodomy 2 appeal today. — TRP graphic
Reporting by: G. Surach, Rajina Dhillon, Michael Murty, Daniel Chan, Arif Kartono, Zainy Hardy, Qurnisha Hamka, Pern Kuan Keong
PUTRAJAYA, Feb 10, 2015:
Opposition leader Datuk Seri Anwar Ibrahim is set to know his fate today as the Federal Court will deliver the judgment on his final Sodomy 2 appeal.
While he was acquitted and discharged by the High Court in 2012 on charges of sodomising his former aide Mohd Saiful Bukhari Azlan, the Court of Appeal overturned the ruling and sentenced him to a five-year jail term.
Anwar filed an appeal and the Federal Court heard submissions from the defence and the prosecution, which was led by Tan Sri Muhammad Shafee Abdullah in late October last year.
The five-member bench however reserved their judgment, saying they needed time to go through the submissions in detail.
Leading up to today, over the past week or so, Anwar went on a ceramah road tour which concluded at Padang Timur in Petaling Jaya last night, where he remained confident of walking away a free man.
12.15pm
Anwar Ibrahim’s plan to overturn his sodomy 2 conviction in the nation’s highest court failed after the Federal Court ruled that the Permatang Pauh MP is guilty of sodomising his former aide Mohd Saiful Bukhari.
Arifin said this is based on “overwhelming” evidence Saiful was sodomised by accused.
Meanwhile lead defence counsel Datuk Seri Gopal Sri Ram has requested one hour to discuss submission on sentencing.
12.11pm
Focusing on other defence witnesses, Arifin mentions about Anwar’s former aide Najwan Halimi’s testimony on Mohd Saiful Bukhari, whom he mentioned as a BN sympathiser, as well as the allegation that Mohd Saiful Bukhari met Prime Minister Datuk Seri Najib Razak who was then deputy prime minister, and the latter’s special officer Khairul Anas.
12.10pm
Alor Setar MP Gooi Hsiao Leung posted, on Twitter, “CJ: Political conspiracy on Saiful meeting Najib, SAC Rodwan, & contacting IGP before sodomy incident- unsubstantiated.”
12.05pm
Lawyers for Liberty wrote on Twitter, “We are witnessing a grave injustice being perpetrated right before our very eyes. Shocking & shameful. Looking very grim.”
12.01pm
As the court’s PA system had broken down, Arifin continues to read the judgement without use of the microphone, making the audience including journalists unable to hear the judgment.
11.55am
Arifin begins by going through Anwar’s defence that denies the alleged offence took place and that it was conspiracy or pre-arranged plan.
11.50am
Anwar is seen sending messages from his handphone as Arifin continues to read the case judgement.
11.46am
“Shocking to hear very serious inconsistencies in the prosecution’s case – all are being decided in their favour,” Lawyers For Liberty tweeted a few minutes ago.
11.44am
Ipoh Barat MP and DAP national vice chairman M. Kulasegaran has also posted on Twitter that as the judge continues to read the judgement, Anwar’s children are breaking into tears.
11.43am
Anwar begins to look down to the floor from the dock where he is sitting. One of his daughters appears to begin tearing up.
11.42am
“By now not many in the public gallery pay close attention to what the chief judge is saying. Court PA system breaks down,” Rafizi tweeted.
11.32am
Outside the court complex, PKR’s Tian Chua addressed the crowd, saying if Anwar was found guilty, there will be more Anwar’s who will rise.
“If the decision doesn’t favour justice or principles of human rights, we declare that thousands more Anwars will emerge. We are ready to face the eventuality.
“Those who think they can stop others if they stop Anwar, they are daydreaming,” Tian Chua said.
11.29am
Arifin further justifies that the finding of sperm heads after two days is unusual.
Therefore Arifin concludes that the chemist testimony is consistent with the victim’s allegations that he had been sodomised.
11.28am
Penang Chief Minister Lim Guan Eng has also chimed in on Twitter.
“At Federal Court hearing the delivery of judgement by Arifin CJ. Looks grim!” wrote Lim.
11.27am
The chain of custody and evidence held by Investigating Officer Jude Pereira was not broken as he had left the evidence bag hanging carefully, Arifin ruled that the samples are not contaminated.
Meanwhile, Anwar looks at his wife Datuk Seri Dr Wan Azizah Wan Ismail wearily from the docks
11.25am
Anwar’s daughter, Nurul Izzah Anwar has posted on Twitter “hate to say it, but there’s a reason why judges often go to hell” in response to a post by cartoonist Zunar who had tweeted asking to brace for bad news.
11.24am
Arifin says that DNA evidence from chemists Dr Seah Lay Hong and Nor Aidora Saedon as well as how the trial judge found saw there was ample corroboration evidence.
Meanwhile, lawyer Latheefa Koya tweeted that the “judgment is clearly moving towards conviction.”
11.19am
Heavy police presence, in the form of light strike force personnel, move forward to the gate that separates police from the supporters.
— TRP pic by Michael Murty
Meanwhile, PKR’s Fariz Musa tells the crowd of the judge having said that Mohd Saiful Bukhari was a credible witness.
The crowd shouted its grouses, saying the judgement was “stupid”.
Fariz says that supporters needed to prepare themselves for the worst.
11.18am
Arifin discusses the DNA evidence and accepts it.
11.13am
Arifin says that the lockup items were not unlawfully obtained.
“Even if the evidence was obtained by trickery or unfair means, it is still admissible,” he said.
11.12am
“I think there is no need for me to report in length any more. It is clear where these judges are going. I want to stare at them for a while,” posts Rafizi on Twitter a few minutes ago as other Opposition leaders to appear to brace for bad news.
11.10am
Arifin proceeds to discuss evidence involving the lockup items, chain of evidence while making an inference that Anwar had used the items.
11.09am
Defence evidence on the carpet is not critical evidence, says Arifin.
11.07am
Discussing on the law on corroboration, Arifin said that the evidence of the complainant can be relied upon without corroboration.
' 11.05am
Rafizi has posted on Twitter that the judge found there is proof, relating to time and the situation, that Mohd Saiful Bukhari had spoken the truth and the incident had taken place.
11.01am
Arifin further finds Mohd Saiful Bukhari to be a credible witness and defence had used wrong procedure to impeach him.
10.58am
Arifin begins to justify the inconsistencies found in Mohd Saiful Bukhari’s evidence.
10.57am
Arifin also reads Anwar’s defence on Mohd Saiful Bukhari’s conduct of bringing the KY jelly and that the doctor from Pusrawi claiming that a plastic object had been inserted into his anus also noting that Mohd Saiful Bukhari had alleged previous sexual encounters.
The defence had earlier countered by asking why Mohd Saiful Bukhari did not flee
11.32am
Outside the court complex, PKR’s Tian Chua addressed the crowd, saying if Anwar was found guilty, there will be more Anwar’s who will rise.
“If the decision doesn’t favour justice or principles of human rights, we declare that thousands more Anwars will emerge. We are ready to face the eventuality.
“Those who think they can stop others if they stop Anwar, they are daydreaming,” Tian Chua said.
11.29am
Arifin further justifies that the finding of sperm heads after two days is unusual.
Therefore Arifin concludes that the chemist testimony is consistent with the victim’s allegations that he had been sodomised.
11.28am
Penang Chief Minister Lim Guan Eng has also chimed in on Twitter.
“At Federal Court hearing the delivery of judgement by Arifin CJ. Looks grim!” wrote Lim.
11.27am
The chain of custody and evidence held by Investigating Officer Jude Pereira was not broken as he had left the evidence bag hanging carefully, Arifin ruled that the samples are not contaminated.
Meanwhile, Anwar looks at his wife Datuk Seri Dr Wan Azizah Wan Ismail wearily from the docks.
10.55am
“Judges say because Saiful had withstood the rigour of trial it can be concluded that anything is probable in this case,” posted Rafizi Ramli on his Twitter account.
10.51am
However Arifin also proceeds to compare the High Court and Court of Appeal findings on Mohd Saiful Bukhari as a credible witness.
10.49am
Noting that the experts who testified for the defence saying that the samples were in pristine condition, Arifin said that the opinion was reflected on the Kuala Lumpur High Court who casted reasonable doubt on the samples.
10.48am
PKR secretary general Rafizi Ramli, who is in the courtroom, has posted on Twitter that things do not look good as the judges are justifying the inconsistencies of Saiful as a witness and say that he is credible.
10.44am
Arifin continues reading the defence case especially on Mohd Saiful Bukhari’s lack of credibility.
10.43am
Arifin proceed towards reading the testimonies of defence witnesses Prof David Wells and Prof Brian Mcdonalds, while reiterating the testimony of spinal surgeon Dr Thomas Hoogland who opined that Anwar is unable to perform the alleged sexual acts due to his back problems.
10.40am
Arifin narrates on Anwar’s detention in the Kuala Lumpur police headquarters where a towel, toothbrush was gathered by the police the next day and handed over for testing.
10.36am
Arifin also noted that the chemist’s discovery of sperm cells from the higher and lower rectal swabs while pointing out that the doctor’s initial findings showed no sign of anal penetration. This after Saiful was referred to the KL Hospital.
10.31am
Met outside the court complex, DAP Dapsy chief Teo Kok Seong also expressed confidence that Anwar will walk free.
“After the decision is out I’m sure people will be celebrating a victory today. Top Umno leadership will not be able to sleep tonight,” he said.
10.27am
Recounting the alleged incident, Chief Justice Tun Arifin Zakaria narrated on how Mohd Saiful Bukhari came to the condominium and how the lubricant was used followed by anal penetration.
He also follows up on Mohd Saiful Bukhari’s subsequent resignation and that his uncle accompanied him to the Pusrawi Hospital.
10.23am
Chief Justice Tun Arifin Zakaria proceeds to explain that consent is not an ingredient of the offence recalling how Mohd Saiful Bukhari worked as a volunteer and served as Anwar’s assistant.
10.22am
PKR’s Fariz Musa is calling out for reformasi with loud applause from the audience outside the Palace of Justice.
Thanking the audience for their attendance and support for Anwar, Fariz expressed hopes that the decision today would be in Anwar’s favour.
He also spoke of rumours on social media that he paid RM150 to each supporter who turned up today.
“It went viral that I would pay RM150 to those who come today. But I only have 1 ringgit in my pocket,” he said receiving a thunderous applause.
He also explained to the crowd not to create a ruckus and to catch anyone who they see doing so today.
10.20am
The number of supporters for Mohd Saiful Bukhari has increased to around 200 people outside the court complex.
10.17am
Chief Justice Tun Arifin Zakaria begins reading out the court judgment.
According to politicians who are tweeting updates from inside the courtroom, Arifin is reading the charge and the relevant sections of the Penal Code as well as the facts of the case.
10.15am
Court convenes.
10.12am
Court staff warns members of the media outside the lobby to keep quiet as the proceeding is about to begin.
10.05am
Over 100 supporters of Mohd Saiful Bukhari are joined by another group of around 20. There are apparently 13 buses bringing Saiful’s supporters to court. Only 3 buses have arrived.
10.02am
Anwar supporter, Ustaz Md Noor Manuki is giving a short speech, expressing his confidence that the Opposition leader will be set free.
— TRP pic by Zaini Hardy
10.00am
Mohd Saiful Bukhari’s supporters have grown to some 100 in numbers, and they are beginning to march to the Palace of Justice.
— TRP pic by Qurnisha Hamka— TRP pic by Qurnisha Hamka
9.58am
Court will convene in five minutes.
9.45am
Mohd Saiful Bukhari’s supporters have finally showed up. There are around 30 of them. They are shouting, “catch, catch, catch the sodomiser” and “punish Anwar”.
— TRP pic by Desmond Prashan
9.35am
As of now, it is estimated that some 1,500 youth are at the Palace of Justice to hear the Federal Court’s decision on Anwar’s sodomy 2 appeal.
PKR Youth chief Nik Nazmi Nik Ahmad, when met by The Rakyat Post, said the image of Umno was tainted and the people had laid their trust in the Opposition to administer the country.
“There are no political leaders as great as Datuk Seri Anwar Ibrahim and he has fired up the spirits of this demographic.
“The proof is that there are many youths here today to show their support of him.”
— TRP pic by Rajina Dhillon
9.30am
The courthouse is waiting for the panel of justices to convene. Meanwhile outside, the crowd begins to grow.
— TRP pic by Rajina Dhillon
9.10am
Anwar greeted the media briefly and said he is anxious and just like everyone, waiting for this case to be over soon.
9.05am
While there are many supporters on Anwar’s side of the compound, supporters of Mohd Saiful Bukhari have yet to be seen.
— TRP pic by Michael Murty— TRP pic by Michael MurtyNational laureate Datuk A Samad Said outside the Palace of Justice. — TRP pic by Michael Murty
9.04am
— TRP pic by G. Surach
Datuk Seri Anwar Ibrahim arrives at the courthouse.
8.57am
Lead prosecutor Tan Sri Muhammad Shafee Abdullah enters the courthouse with his team.
8.50am
PKR members from Penang led by Pekan Bunga assemblyman Cheah Kah Peng were seen carrying posters of Justice Pao.
Cheah said more than 40 buses full of Penang PKR members were here, all gathered at the mosque this morning to walk to the court.
“We use Justice Pao in out posters because he is a figure of justice in Chinese history.
“He is a fearless judge who fought for justice.”
As for Anwar’s fate today, Cheah said, “We all know Anwar is innocent and this case is a political prosecution for past 17 years.
“I Was with Anwar since the beginning of this sandiwara. One does not do such a wicked deed against a political opponent.
“If they want to fight, they should fight on a level playing field in elections.”
— TRP pic by Rajina Dhillon
8.47am
PKR vice president Tian Chua said he will not predict the outcome of today’s proceedings.
“We will know the results soon enough. We know this is a political prosecution. We want to see if our judiciary can deliver a fair judgement.
“The entire ruling government is under the microscope with this decision,” he told reporters there.
“The persecution of Anwar only reminds the world that we Malaysia are still not free,” he said, adding that they would see a stronger people movement if Anwar goes to prison.
“PR will be stronger and a new wave of people’s movement will be seen,” he said.
— TRP pic by Michael Murty
8.44am
A small group prepares to hold special prayers (solat hajat), led by Ustaz Badrul Amin, on the front right-hand side of the courthouse.
— TRP pic by Zaini Hardy
8.42am
Supporters are doing every bit they can for their leader, with some carrying flags, standing outside the court complex.
— TRP pic by Daniel Chan— TRP pic by Daniel Chan
8.36am
PKR’s Tian Chua and N Surendran are outside the court complex.
— TRP pic by Michael Murty
Defence counsel Ramkarpal Singh Deo has entered the courtroom.
8.35am
PKR communications director Fahmi Fadzil has posted on Twitter that Selangor Menteri Besar Mohamed Azmin Ali, PKR secretary-general Rafizi Ramli, PKR disciplinary PKR disciplinary commmittee chairman Dr Tan Kee Kwong, PAS chief whip Datuk Mahfuz Omar, PAS central committee member Khalid Samad and PKR investment and trade bureau chief Wong Chen are in the courtroom.
Anwar’s lawyer Datuk Seri Gopal Sri Ram has also walked in.
8.28am
Selangor Menteri Besar Mohamed Azmin Ali and Subang member of Parliament R. Sivarasa are seen discussing outside the Federal Court entrance.
— TRP pic by G. Surach
8.26am
A large group chanting Reformasi, carrying banners are spotted outside the court complex. They then begin marching to the court house, led by PKR’s Tian Chua and Nik Nazmi Nik Ahmad.
— TRP pic by Michael Murty
7.50am
A minor drama has broken out as non-Anwar supporter Hudzaifah Subli is seen arguing with supporters of the Opposition leader.
7.45am
Members of the media waiting to enter the Palace of Justice.
— TRP pic by Michael Murty
7.43am
A student of the International Islamic University Malaysia (IIUM) Hudzaifah Shubli, 28, is outside the court complex giving a ‘talk’, addressing the group of Anwar’s supporters already gathered here.
Not an Anwar supporter, Hudzaifah said he is here to spread peace and does not want people to fight after the verdict is handed out.
“I know there’s something wrong somewhere with Anwar Ibrahim. If he’s free I’ll continue to fight based on my political belief,” he said.
— TRP pic by Rajina Dhillon
7.33am
Pakatan Rakyat leaders begin to arrive one by one. PAS information chief Datuk Mahfuz Omar has been spotted having breakfast outside the court complex, here.
— TRP pic by Michael Murty
7.25am
PKR secretary-general Rafizi Ramli has arrived outside the court complex. Police personnel on horses have also been spotted on duty. Kelana Jaya member of Parliament, who is also PKR investment and trade bureau chief Wong Chen is also here.
— TRP pic by Michael Murty— TRP pic by Michael Murty
7.20am
Supporters of either Anwar or Mohd Saiful are slowly beginning to arrive. The entrance to the court complex is filled with police personnel. Counters for media and independent observers will open at 8.15am.
— TRP pic by G. Surach
6.55am
The area outside Palace of Justice, here, is calm and quiet. Supporters have yet to gather. Police presence is getting heavier.
— TRP pic by Qurnisha Hamka— TRP pic by Qurnisha Hamka
6.00am
While there are no supporters yet outside the Palace of Justice, here, police have begun their patroling duties. It is learned that they have been guarding the area since 9pm last night.
— TRP pic by Qurnisha Hamka
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