Anwar Ibrahim back in court on sodomy case

Malaysian opposition leader Anwar Ibrahim (C) and his wife Wan Azizah (front L) arrive at the court of appeal in Putrajaya, Malaysia. Photo: Mohd. Rafsan-AFP/channelnewsasia.com

PUTRAJAYA, Mar 7, 2014: Malaysian opposition leader Anwar Ibrahim is back in court to hear the prosecution’s appeal against his acquittal from a sodomy charge two years ago.

The appeal is significant, as it comes at a time when Mr Anwar is due to contest in a state by-election this month.

The outcome, which may be out as soon as Friday, may scupper his plan to helm Selangor — the country’s richest state.

Having survived three attempts to remove him as lead prosecutor, renowned lawyer Shafee Abdullah was determined to prove that the lower court was wrong in acquitting Mr Anwar two years ago.

The 65-year-old former deputy prime minister was acquitted of sodomising his 26-year-old former aide Saiful Bukhari Azlan, as the court ruled that the evidence submitted had been tampered with.

However, Mr Shafee argued that the DNA samples obtained from Mr Saiful were not compromised.

He said that investigating officer Jude Pereira merely opened the plastic bag containing the samples, and did not tamper with the bottles, which remained sealed.

Mr Shafee said: “It’s simple, the evaluation of the exhibits being tampered was wrong, it’s only the plastic bag that’s broken, the bottles are sealed and intact, yes, all intact.”

Still, Mr Anwar’s lawyers argued that the acquittal should be upheld as the chain of evidence had been broken and that the samples were possibly degraded.

Mr Karpal Singh, defence lawyer, said: “Jude Pereira was under order to make sure it’s in the freezer. He did not comply with that, that itself, the integrity of samples have been compromised.”

The hearing of the appeal comes just days before Mr Anwar is due to submit his nomination papers on March 11 to contest in the crucial by-election in Kajang, Selangor.

If the Court of Appeal overturns his acquittal, Mr Anwar will be immediately disqualified from contesting, even if his lawyers argue for a stay of execution.

Mr Anwar said: “I hope the judiciary will maintain its independence. I always expect the best and be prepared for the worst.”

On plans if he is disqualified, Mr Anwar said: “We will deal with it, we have gone through worse.”

Mr Anwar intends to contest in the Kajang by-election to boost his chances of seizing power in the next general election.

But it will be up to the courts whether he can carry out that plan.