Federal Court Upholds 5-Year Jail Sentence On Anwar

PUTRAJAYA, Feb 10 (Bernama) -- The Federal Court here Tuesday upheld the Court of Appeal's five-year jail sentence on opposition leader Anwar Ibrahim for sodomising his former aide Mohd Saiful Bukhari Azlan in 2008. A five-member panel chaired by Chief Justice Arifin Zakaria dismissed the prosecution's cross-appeal to enhance his jail term and also Anwar's appeal for a lesser sentence. The panel, which also comprised Court of Appeal president Md Raus Sharif and Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar and Ramly Ali maintained the Court of Appeal's decision in sentencing Anwar to five years jail, after hearing submissions from his (Anwar's) lawyer and lead prosecutor Muhammad Shafee Abdullah on the jail sentence. Earlier, the court had upheld Anwar's conviction for sodomising Mohd Saiful, 30, at Unit 11-5-1 of Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, here, between 3.10pm and 4.30pm on June 26, 2008. Anwar, 67, was brought to the court lock-up at 2.33 pm. One of his counsel Latheefa Koya said he would be send to the Sungai Buloh prison. Before going to the court-lock-up, Anwar was seen embracing his family members and friends as well leaders from opposition parties. He was heard saying "have to go, time's up. I''ll miss you guys" while hugging a group of friends who entered the court to see him. Earlier, in the court proceedings which resumed at 1.08 pm after an hour recess, Anwar's lead counsel Gopal Sri Ram in mitigating for a lesser sentence said there was no good reason to enhance Anwar jail term. He said the court could use its discretion to give Anwar a lighter sentence under the law, saying that he (Anwar) was not an ordinary person as his contributions when he was with the government to this country was numerous and far reaching. Sri Ram said even as the opposition leader, he had made significant contributions to advancing democratic principles and awakening the consciousness of the public. Muhammad Shafee argued that the five-year sentence was wrong in principle as the court must take into consideration the findings of the Federal Court on Anwar's misbehaviour, although it (the Federal Court) had acquitted him (Anwar) on a charge of sodomising his family's driver, Azizan Abu Bakar, at Tivoli Villa, here, in 1994. The Federal Court in its majority 2-1 judgement acquitting Anwar in 2004 had implied that he (Anwar) had homosexual tendencies. Muhammad Shafee said the remarks of the Federal Court on Anwar's first sodomy case should not fall on deaf ears especially when meting out the sentence. He said although he fully agreed that Anwar had contributed to the nation in both of his capacities in the government as well as in the opposition, however, the offence committed by Anwar was a serious one. Before the court could deliver its decision on the sentence, Anwar stood up in the accused's dock to read his statement attacking the court's decision to convict him Tuesday and accused them of "bowing to their political masters and becoming partners in crime in the murder of the judiciary." In his statement, Anwar maintained that he was innocent that the case was a political conspiracy to stop his political career. This led to Justice Arifin asking Anwar the relevancy of his statement to which the latter replied it was relevant. Sri Ram then told the court that Anwar had a right to address the court. Justice Arifin then said he (Anwar) could mitigate but he should not condemn. But the opposition leader continued to attack the judiciary resulting in Arifin and the rest of the judges seated on the bench to walk out of the court. Anwar then continued with his statement, speaking through a microphone and addressing the people seated in the public gallery. Later, as Anwar was being led out of the court to the lock-up, his supporters were seen chanting "Reformasi" and "Hidup Anwar" (Long live Anwar). -- BERNAMA