The A-G appeals against Sodomy 2 Acquittal
January 20, 2012
Political Persecution of Anwar Ibrahim continues
by S Pathmawathy and Hafiz Yatim@www.malaysiakini.com
The Attorney-General’s Chambers has filed an appeal against the Kuala Lumpur High Court decision in acquitting Opposition Leader Anwar Ibrahim on the charge of sodomising his former aide.
The notice of appeal was filed in the Criminal Registry of the Kuala Lumpur High Court at 4.30pm today. This was confirmed by Deputy Registrar Halilah Suboh.
High Court judge Zabidin Mohd Diah had on January 9 found Anwar not guilty of sodomising his 23-year-old former aide, Mohd Saiful Bukhari Azlan. Justice Zabidin in acquitting the 64-year-old de facto PKR leader and Permatang Pauh MP, cast doubton the DNA evidence provided by the prosecution.
“After going through the evidence, I cannot be 100 percent certain that the evidence can be accepted as there could have been tampering.Hence, the court is reluctant to convict on such corroboration of evidence from (Saiful) and the accused is acquitted,” the judge had said.
It is learnt that this afternoon, 30 people from non-governmental organisation, Jaringan Melayu 
Malaysia (JMM), had met with Attorney-General Abdul Gani Patail to urge that a notice of appeal against Anwar’s acquittal be filed.
Saiful welcomes filing of appeal
Saiful, in an immediate response on his blog, said he was glad and welcomed the decision to file the notice of appeal at the Kuala Lumpur High Court. “I would like to state here that the filing is to ensure that I get justice until the highest court, as to what I have stated in my Police report in 2008,” he said.
“I would like to thank those who support me directly and indirectly to ensure I could go through the process of justice to the Court of Appeal.”
Saiful’s father, Azlan Md Lazim in an immediate reaction to Malaysiakini, said he was thankful that the Attorney-General had decided to file the notice of appeal.“That is all I can say to thank the AG (for his decision to appeal),” Azlan said, adding did not want to comment further on his hopes for the appeal.
Saiful yesterday posted an impassioned plea and sent an official letter to Gani urging the A-G’s Chambers to file an appeal on the Sodomy II case in order to preserve his dignity and honour.
Yesterday’s response was a follow-up, after Saiful had on January 9 tweeted, upon learning of Anwar’s acquittal, that if he did not get justice in this world, he would seek it in the hereafter.
Anwar had been charged, under Section 377B of the Penal Code, with sodomising Saiful at the Desa Damansara condominium between 3.01pm and 4.30pm on June 26, 2008. A total of 26 prosecution and seven defence witnesses, including Anwar, had testified in the trial.
Defence lawyer: I was not notified
With the filing of the notice of appeal, the prosecution will have wait for Justice Zabidin to complete his written judgment. However, there is no time frame for the judge to do so.
When that is done, the A-G’s Chambers will then file a petition of appeal in the Court of Appeal, which will set a date to hear the appeal.
Anwar’s lawyer Sankara Nair (left) said in a statement this evening that he had not been formally notified of the appeal by the prosecution.
“However, if it is true, then it is most regrettable and atrocious – given that the trial judge has stated succinctly, in his verdict, that the crucial evidence could have been ‘tampered’ with.
“Hence, the substratum of the prosecution’s case is fatally demolished, rendering any appeal, no matter how many times, a desperate act in futility. It appears to be a case of political persecution of Anwar, and not prosecution,” Sankara added in his immediate response.
I am shocked! I can’t believe this is happening. It is against all odds. More than that it does not make any sense. I under estimated their desperation and how divided UMNO is. The guys behind this move are morally bankcrupt. This sounds the death knell for Najib as President.
Mr Bean - January 20, 2012 at 10:16 pm
For those unsure what abuse of process means, this is what you call an abuse of process.
scarlet.pimpernel - January 20, 2012 at 10:23 pm
Ha..as I expected, the appeal is to bog down AI so that he can’t concentrate fully on ousting Barang Naik from Putrajaya.
Dirty trick .
John - January 20, 2012 at 10:30 pm
“After going through the evidence, I cannot be 100 percent certain that the evidence can be accepted as there could have been tampering.Hence, the court is reluctant to convict on such corroboration of evidence from (Saiful) and the accused is acquitted,” — trial judge
It was admitted that the chain of custody (of the DNA evidence) was broken when a police inspector had access to it. That clearly goes to the issue of reasonable doubt which is the criminal standard of proof. That left the trial judge with one verdict and one verdict only which is NOT GUILTY.
Mr Bean - January 20, 2012 at 10:31 pm
This corrupt, kleptocratic UMNO-BN regime only fills me with disgust and total contempt.
Let’s vote them out of office and put all of them on trial !
Phua Kai Lit - January 20, 2012 at 10:33 pm
Notice to appeal? haha..
Yup this charade has reached it’s nadir, but the process continues. An epic of the Scape Goat hypothesis. Go read it up.
Let me tell you what i think, not that it’s important:
1. Jibbo and Co think they know how to control the fallout from this sorry ass of an appeal, by insinuating that there’s ‘grounds’, merit and to show that the AG is indeed the epitome of a Genius. They also knew the clear and present danger of finding Anwar guilty on 901. The still think they can control Destiny, but have never underestimated her Fury.
2. The inelegant, obese silence by Jibs is to appease Octo and his branch of weeds. These will be the flurs who will doggedly pursue Anwar with all the tools available including further conspicuous, if vacuous and morally reprehensible blockbuster revelations. Unless they are ‘taken out’ by a change in the Feds, such slanderous (i hate the word scurrilous) accusations and manifestations will threaten the moral fabric of this country. Our youth will end up being weeds without principles.
3. This ‘appeal’ returns the ball onto Pakatan’s court and they need to use it to their fullest advantage. Squeeze it, ‘cuz it’s actually the right one. The left was swallowed by the Fat Lady.
4. The appeal will not see the light of day until after the next GE, when it’ll be kicked to kingdom come.
5. The masses think that the Economy is the most important. But i tell you, it is their sense of dignity, liberty and freedom. Land too.
6. I’m probably a better psychologist than all those branded nerds employed in PMO who can’t tell a whale from a virus. I’d even predict weak kneed Jibs falling on his own Sword of Damocles. He’s the initiator and ultimate victim. Ironic? You bet. Am i smoking a weed? No doubt.
C.L. Familiaris - January 20, 2012 at 10:41 pm
It’s written on the wall. The decision to appeal was made right after the judgment was delivered. This goes to show how fractious Jibby’s fraternity is and how desperate some of the kleptomaniacs in Umno are.
Another sad day for the rakyat. I am now resolved to see the end of this corrupt regime that has a stranglehold on power for over 5 decades.
Tok Cik - January 20, 2012 at 10:53 pm
Let’s vote them out of office and put all of them on trial !
Phua Kai Lit – January 20, 2012 at 10:33 pm
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Let it be known to them through ‘proper channels’ that a suitable approach will be made to the Agong for their pardon. That way they may rig the elections but are unlikely to let loose the likes of Ibrahim Ali on to the streets to cause widespread havoc.
scarlet.pimpernel - January 20, 2012 at 10:54 pm
And then using the same MO they use, reverse ourselves.
scarlet.pimpernel - January 20, 2012 at 10:55 pm
CLF, if you smoke weed you’ll find everything wonderful! we have only lalangs in the PMO; wonder if you can get high smoking lalang?
Mr. Bean, don’t explode, this is malaysia – one small step forward and a giant LEAP backward.
what the hell, since the world is going to end this year (I think 21. Dec?) lets be crazy and merry. everything is okay!
reeperbahn - January 20, 2012 at 10:57 pm
It looks more and more likely somewhere along the line emergency will be declared and parliament will be suspended.
Mr Bean - January 20, 2012 at 10:59 pm
This latest move goes to show – which is their message to the opposition – that they will stop at nothing. For the first time to me, Anwar’s fate looks sealed. And so would the fate of others who choose to follow in his footsteps.
Mr Bean - January 20, 2012 at 11:07 pm
It appears to be a case of political persecution of Anwar, and not prosecution,” Sankara added in his immediate response.
Defence lawyer: I was not notified
With the filing of the notice of appeal, the prosecution will have wait for Justice Zabidin to complete his written judgment. However, there is no timeframe for the judge to do so.
When that is done, the AG’s Chambers will then file a petition of appeal in the Court of Appeal, which will set a date to hear the appeal.
Anwar’s lawyer Sankara Nair said in a statement this evening that he had not been formally notified of the appeal by the prosecution.
“However, if it is true then it is a most regrettable and atrocious given that the judge stated succinctly in his verdict that the crucial evidence was “tampered”.
“Hence the sun stratum of the prosecution’s case is fatally demolished rendering any appeal, no matter how many times, is an act in futility.
“It appears to be a case of political persecution of Anwar, and not prosecution,” Sankara added in his immediate response.
In another immediate reaction, New York-based Human Rights Watch expressed regret over the appeal.
“The trial court gave the government a chance to bow out gracefully from Anwar’s politically motivated prosecution. It’s very unfortunate that they didn’t take it,” said Phil Robertson, the deputy director of the rights group’s Asia division.
“This decision means the citizens of Malaysia will be further subjected to the more political machinations in the courtroom as the government perpetuates this travesty of a trial for a crime that should not be a crime in the first place.”
ilham - January 20, 2012 at 11:12 pm
Kan Mak Chik dah cakap dulu Saiful berhak appeal. Tapi pada masa tu juga, Mr Bean cakap tak boleh. Allah bersama orang yag benar.
Makcik – January 20, 2012 at 11:12 pm
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Saiful tidak ada peranan dalam appeal.
All prosecution is by the government through its attorney general – unless it is a case of private prosecution. And the prosecution is for alleged crime or crimes alleged to have been committed and against the law. Saiful is the alleged victim of that crime. Nothing more. In this case he is being used like a whore is being used. Once this is over he will have the rest of his life to feel used and discarded like a cheap spent rubber, worse than the whore who used it to protect herself.
Good luck to him. There are certain things money cannot buy. If he hasn’t done so, he is about to do so.
Mr Bean - January 20, 2012 at 11:40 pm
Ilham should go back and learn how to write and speak English before he comes back to litter this blog with his ramblings. At least Makcik knows his limits and writes in the language he feels more comfortable with.
scarlet.pimpernel - January 20, 2012 at 11:45 pm
But even with Makcik the sooner he sees the small appendage hanging between his legs the better would be for him.
scarlet.pimpernel - January 20, 2012 at 11:46 pm
Yeah bean, it’s also like recycling rubber.
It stretches, shouts, screams, sputters and shatters before undergoing vulcanization. You can’t tie a prisoner down with rubber. It’s just a fetish.
Don’t worry, the process of Emergency and Ops Lalang ain’t in their list of required reading. Too cowardly and morally inept. They will just have to go with the flow, cuz they broke up the Longkang.
In fact, i personally think they unleashed ABU from the shackles of Nicedom. It’s no hold’s barred and the fireworks are starting. Besides the popularist policies of both sides, the ghosts of X’mas past and present will haunt mostly UMNO.
C.L. Familiaris - January 21, 2012 at 12:01 am
Let us see what the Appeals Court will do once it has studied the written judgment. I hope Judge Zabidin does not write a judgment that is full of loopholes which the A-G can exploit and convince the Judges on the Appeal Court that Anwar is guilty. It is usual in Malaysia for the Appeal Court to reverse the High Court’s decision and the matter will be referred to the Federal Court. It is going the whole hog and what a waste of time and money. –Din Merican
dinobeano - January 21, 2012 at 12:34 am
“I hope Judge Zabidin does not write a judgment that is full of loopholes which the A-G can exploit and convince the Judges on the Appeal Court that Anwar is guilty” — Din Merican
Any other verdict would fly in the face of the law of criminal procedure and evidence. This judge has an easy task. I wouldn’t take more than half a day to write this judgement.
On the other hand, a guilty verdict could take much longer as he would be travelling through a mine field and would need to find ways to negotiate the many mines to reach the other side without bits of his anatomy being blown to smithereens.
Mr Bean - January 21, 2012 at 12:50 am
Once the judge comes out with his written judgement, to appeal there would have to be grounds for appeal. I just don’t see what possible grounds there are that the prosecutor could expect to find. There is nothing complicated about the case. There has been instances of the wrongful use of discretion by the trial judge but all those favored the prosecution. A bar student could be relied to write out this judgement and it would be flawless.
Mr Bean - January 21, 2012 at 1:04 am
“I hope Judge Zabidin does not write a judgment that is full of loopholes which the A-G can exploit and convince the Judges on the Appeal Court that Anwar is guilty” — Din Merican
the AG will assisst judge Zabidin to write the judgment and will ask the good judge to jot down all the loopholes that could be used by the appeals court to reverse the acquittal.
I think something big is coming as CLF points out.
reeperbahn - January 21, 2012 at 1:06 am
The judge wouldn’t do that.
On the contrary, this judge is now probably thinking on the kind of legacy he would be leaving behind for his kids. If, contrary to popular belief, this judge had acted alone in the final hours and delivered the only verdict possible based on the totality of the evidence, he did right to salvage whatever is left of his self-respect and dignity. He could hope to look at his face each morning in the mirror and not have to keep his head bowed at the breakfast table when talking to his kids.
Mr Bean - January 21, 2012 at 1:20 am
Political Persecution of Anwar Ibrahim continues, its ridiculous and a shameful act by the Jurisdiction of the Legal System in Malaysia.
Anthony Dass - January 21, 2012 at 2:59 am
Mr Bean, CLF, reeperbahn…..if your predictions are going that way, ie : a Reversal in the Cout of Appeal, it may then be declared a Nullity and then order a Retrial, ? ?
That would then entail in DSAI appealing to the Federal Court, a protracted time-wasting Exercise for couple of years more….The result ? Appellant DSAI might be found Not Guilty….in the end & let off. Meant exactly as in the First Sodomy rigmarole ?
Their intention is merely to encumber & languish him, as in all the previous cases including Rosli Dahalan, Ramli Yussof & this Accd. – not to get Conviction, but to let them off after ” winning” the GE, they hope.
A real Abuse of Legal System, by men who Rule the Law, indirectly making an Accused to prove his Innocence all the Way from the word Go.
A Reversal of the Burden of Proof…and that is legally, morally & Ethically Reprehensible….
We read them dont we ? Uncivilised////////
Abnizar - January 21, 2012 at 7:45 am
Evil men lurking in theh Palace of Justice
Kathy - January 21, 2012 at 7:51 am
saiful
did you shack the girl from the prosecutor office?
justice my foot. go bank someone else.
mmc - January 21, 2012 at 11:53 am
c4 murder of mongolian girl-no appeal against Baginda.
ini macam punya AG? UMNO Boleh
mmc - January 21, 2012 at 1:01 pm
mmc, Sayfool didn’t bonk, the AG did the bonking . Need to call Hasan tALIban to raid the hotel to catch the AG bonking his staff.
orang malaya - January 21, 2012 at 1:17 pm
Ilham should go back and learn how to write and speak English before he comes back to litter this blog with his ramblings.-scarlet.pimpernel
Ilham is a fcuking asshole cybertrooper paid by UMNO’s Nazi-like propaganda machine called UNIT MEDIA BARU UMNO..
So is this “Makchik” idiot who tries to be smarty-ass cybertrooper trained by UMNO’s extremist Tun Faisal. Here he is : Photo of Tun FAISAL
He is no a “Tun”, just a fake Tun , a name given by his parents to hid his inferiority complex. He is the head of Tun_Faisal_Ismail_bin_Aziz UMNO’s factory of UMNO cybertroopers callled UNIT MEDIA BARU UMNO
frank - January 21, 2012 at 7:33 pm
It’s just a game; Saiful is just a pawn. The appeal was meant to appease the family. Otherwise how will PM answer them.
If they do not appeal Saiful might squeal…..
ARMS728 - January 28, 2012 at 12:06 am