Federal Court reserves judgement, five-man panel say they did not want to rush into deciding on the review of the Sodomy II case.

Federal Court reserves judgment


PUTRAJAYA: The Federal Court has reserved its judgment on the review application by Datuk Seri Anwar Ibra­­him (pic) against his sodomy conviction.

Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin, who chaired a five-man panel, said they did not want to rush into deciding on the review of the Sodomy II case.

Yesterday, the panel heard lengthy submissions by both parties in a packed courtroom.

Justice Zulkefli said the panel would deliver its written judgment on another date to be fixed later.


Also in the panel are Chief Judge of Sabah and Sarawak Justice Ri­­chard Malanjum and Federal Court judges Justices Hasan Lah, Abu Samah Nordin and Zaharah Ibrahim.

Anwar’s lead counsel Datuk Seri Gopal Sri Ram cited a violation of natural justice in the case.

“Is it in the interest of justice to allow the conviction (against Anwar) to stand?” asked Sri Ram, saying that allegations about previous acts of sodomy which had been excluded by the trial judge had been used by the courts.

Sri Ram also spoke about a gap in the prosecution’s case in linking the recovery of items such as a carpet and KY Jelly to the sodomy act.

He hit out at the subsequent conduct of then lead prosecutor Tan Sri Muhammad Shafee Abdullah, whom he claimed had taken part in roadshows organised by Umno Youth to talk about the case.

This, he said, was supportive evidence of Anwar’s defence of a political conspiracy.

Sri Ram also pointed out that the Prime Minister’s Office (PMO) had issued a statement on the case 15 minutes after Anwar’s conviction was affirmed by the Federal Court.

This showed the PMO had personal interest in the case, he added.

He also questioned why PMO’s media division director Datuk Seri Tengku Sariffuddin Tengku Ahmad had opposed this review application.

Lead prosecutor Datuk Ahmad Ka­­mal Md Shahid argued that the alleged conduct of Muhammad Sha­fee after the case judgment had no effect to the outcome of the appeal.

On the PMO’s statement, DPP Ahmad Kamal said Tengku Sariffud­din had affirmed an affidavit in reply to explain that there was no communication between the PMO and the Federal Court either prior or subsequent to the decision.

Tengku Sariffuddin had stated clearly that it was a normal practice for the office to issue an immediate statement in response to cases of public interest and that the statement did not prejudice Anwar in any way, he said.

Ahmad Kamal said the va­­rious issues raised by the defence, such as DNA evidence and a carpet not found in the crime scene, were only relevant to be determined by the court during the appeal stage and not during the review bid.

He was submitting at the hearing of Anwar’s review application to set aside his sodomy conviction and five-year jail sentence for sodomising Mohd Saiful Bukhari Azlan, 31, at a condominium in 2008.

On April 30 last year, Anwar, 69, filed an application to get a fresh panel of judges to review his conviction and jail term.

The conviction and jail term were upheld by the Federal Court on Feb 10 last year.

Anwar’s supporters gathered at the Palace of Justice here yesterday to show their support for him.

Others present included Anwar’s wife Datuk Seri Dr Wan Azizah Wan Ismail and daughters Nurul Izzah Anwar and Nurul Nuha Anwar.