PUTRAJAYA, Feb 10 — The Federal Court here today upheld the Court of Appeal’s five-year jail sentence on opposition leader Datuk Seri Anwar Ibrahim for sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.
A five-member panel chaired by Chief Justice Tun 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 Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk 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 Tan Sri 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 arriving at the Federal Court house today morning with his wife
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 and that the sentence imposed on Anwar could not be lesser that his six-year sentence for his first sodomy charge.
He said 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.
– Bernama
