Anwar says court was biased in his sodomy appeal

Datuk Seri Anwar Ibrahim said his sodomy conviction by the Court of Appeal should be overturned as the bench was prejudiced and biased against him.

This was among 34 grounds of appeal in the opposition leader’s petition of appeal against his sodomy conviction and five-year jail sentence, filed at the Federal Court registry this afternoon by lawyer Zaleha Al Hayat.

Anwar (pic) said the prejudice of the appellate court denied him a fair hearing, which is guaranteed under the Federal Constitution.

The early part of the 85-page Court of Appeal judgment said, "Dilatory practices bring the administration of justice into disrepute. As is often pointed out, delay is a known defence tactic.

"It is not proper for a counsel to routinely fail to expedite hearing of an appeal solely for the convenience of his client. The counsel should not intentionally use procedural devices to delay proceedings without legal basis."

The late Karpal Singh was the lead counsel for Anwar and the appellant said the defence did not delay the appeal.

He said he was only exercising his legal right in filing several applications.

Anwar filed three applications to disqualify Umno lawyer Tan Sri Muhammad Shafee Abdullah as ad-hoc deputy public prosecutor and another to adduce fresh evidence by recalling investigating officer Jude Blacious Pereira.

All these applications were filed and appealed unsuccessfully between July last year and March this year.

Anwar said the Court of Appeal had further misdirected itself by its failure to question Mohd Saiful Azlan Bukhari's credibility and the High Court's decision to call for his defence during trial.

He said the appellate court failed to consider the evidence of three Kuala Lumpur hospital doctors which were insufficient to prove that there was penile penetration on Saiful to prove sodomy, and that the bench also misdirected itself to restore the evidence of prosecution witnesses, chemists Dr Seah Lay Hong and Nor Aidora Saedon.

"The court was wrong in accepting the evidence of the chemists who had not only analysed samples which were compromised but there was also a break in the chain of evidence," he said.

"The court was also wrong in coming to the conclusion that there was no degradation in samples, although it was handed over to Seah 96 hours after the alleged sodomy took place," he said.

Anwar said the appellate court was wrong to accept the evidence of Pereira whose credibility was highly questionable following a human rights inquiry in 2009.

He said the appellate court was also wrong for making adverse remarks on his option to give an unsworn statement from the dock during trial when defence was called.

Anwar said he only exercised his right as provided under the law.

He said the appellate court could not draw any negative inference when he decided to not to exercise his defence of alibi when he gave notice to the prosecution that he was not at the scene.

On March 7, the bench led by Datuk Balia Yusof Wahi sentenced Anwar to five years’ jail, after allowing Putrajaya's appeal. Datuk Aziah Ali and Datuk Mohd Zawawi Salleh were the other judges on the bench.

However, the court allowed a stay of execution pending the outcome of Anwar's appeal to the Federal Court on condition he posted RM10,000 bail with one surety. – April 24, 2014.