Malaysian opposition leader Anwar loses appeal against sodomy conviction

[Windsorlou]

Malaysian opposition leader Anwar loses appeal against sodomy conviction

Top court finds him guilty of sodomising an aide, in a case that has drawn allegations it was politically motivated

PUBLISHED : Tuesday, 10 February, 2015, 1:06pm
UPDATED : Tuesday, 10 February, 2015, 11:23pm

Associated Press in Putrajaya

Malaysia's opposition leader Anwar Ibrahim at the federal court in Putrajaya. Photo: Reuters

Malaysia’s top court today upheld opposition leader Anwar Ibrahim’s sodomy conviction, a case widely seen at home and aboard as politically motivated.

Federal Court judge Arifin Zakat, who read the verdict on behalf of the five-judge panel, said there was “overwhelming evidence” that Anwar sodomised an aide, and therefore the court was upholding a five-year prison sentence imposed by the Appeals Court last year.

[video=youtube;aEV1K-1sftw]https://www.youtube.com/watch?v=aEV1K-1sftw[/video]

This was Anwar’s last avenue for appeal, and it means he will go back to prison immediately.

As the last sentence of the verdict was read out, Anwar’s wife, Wan Azizah, burst into tears. The 67-year-old poltician hugged and consoled her before turning to his children and grandchildren. He smiled and hugged them too.

“I am alright,” he told one of his supporters in the court room. Hundreds more were gathered outside the imposing court building in Putrajaya, the administrative capital of Malaysia.

Sodomy, even consensual, is a crime in Muslim-majority Malaysia and is punishable by up to 20 years in prison.

Judge Arifin said the defence allegations that the case was a political conspiracy “remains an allegation, unsubstantiated by any facts whatsoever”.

He also rejected the defence argument that the semen samples taken from the aide, Saiful Azlan Bukhari’s body, were tampered with by the police.

Anwar was accused of sodomising Saiful in 2008 when he was working in the opposition election campaign office, but was acquitted by the High Court in 2012.

However, the Appeals Court overturned the acquittal in March last year and sentenced him to five years in jail. Anwar went to Federal Court to appeal that verdict.

“It is beyond reasonable doubt that [Saiful] was sodomised by the appellant. The appeal is dismissed,” Judge Arifin said as he wrapped up reading the verdict, which took two hours.

Malaysian Prime Minister Najib Razak's administration responded to accusations it orchestrated the sodomy case saying the verdict was a product of an exhaustive legal process. Photo: Reuters

Anwar, who was seen as the most potent threat to Prime Minister Najib Razak’s party, has said the charges were trumped up to kill his political career.

Anwar led his alliance to unprecedented gains in 2008 elections and made further inroads in 2013 polls. Najib’s National Front coalition won with a slimmer majority and lost the popular vote to the opposition.

In an immediate reaction, Najib’s office said Anwar’s case has gone through an exhaustive legal process, and that the case was brought by an individual, not the government.

“The process is now complete and we call on all parties to respect the legal process and judgment,” the statement said.

Anwar previously was imprisoned for six years after being ousted as deputy prime minister in 1998 on earlier charges of sodomising his former family driver and abusing his power. He was freed in 2004 after Malaysia’s top court quashed that sodomy conviction.

That case was also widely seen as politically motivated, as it came at a time when he was locked in a power struggle with then Prime Minister Mahathir Mohamad.

Anwar said his jailing for a second time would be toughest on his family, but that they were all very supportive.

Instead of breaking up his three-party alliance, he warned Najib that jailing him could backfire and galvanise more support for the opposition.

“They will continue with or without Anwar. No one is indispensable,” Anwar said.

“Authoritarian leaders always believe the best way to deal with dissidents is to jail them, but throughout history, it has always backfired,” he said. “If Najib chooses to take this line - I hope not - then he is inviting problems for this country.”