PUTRAJAYA — April 30, 2015: Opposition politician Datuk Seri Anwar Ibrahim, who is serving a five-year jail term for sodomising his former aide, has filed a review application to set aside his conviction and jail sentence on grounds of injustice.
The notice of motion which was attached together with a nine-page affidavit-in-support of the application was filed at the Federal Court chief registrar’s office here today by his lawyer N. Surendran.
In his application, Anwar, 67, is asking the Federal Court to invoke Rule 137 of the Rules of the Federal Court 1995 to set aside the decision of the Federal Court’s five-member panel in upholding his guilty verdict and five-year jail term imposed on him by the Court of Appeal.
Alternatively, he is seeking the Federal Court to re-hear his appeal on its merits.
In his affidavit, Anwar said the Federal Court judgement delivered on last February 10 ought to be reviewed to prevent injustice.
He claimed that the release of the Prime Minister’s Office (PMO) statement on the day of the apex court’s judgement and the conduct of the lead prosecutor had rendered the judgement objectively unsafe.
In his affidavit supporting the application, Anwar claimed that the PMO had issued a statement commenting on his conviction before the court had heard the arguments on his sentence the day the judgment was delivered.
He claimed that the timing of the statement and its contents gave the impression to the public that the PMO knew the result in the case even before
He said it was not the practice of the PMO to issue such a statement in any other criminal appeal and it had not happened in the past in any case, adding that the abnormality in the conduct of the PMO has caused him grave prejudice.
Anwar also cited the conduct of lead prosecutor Tan Sri Muhammad Shafee Abdullah who had allegedly embarked on a roadshow ostensibly to explain the ‘Sodomy II’ case and gave vent to personal attacks on him, thus tainting the fairness of his trial.
He also said his conviction and sentence ought to be set aside, noting that the Federal Court had failed to deal on a crucial issue and make obvious inferences concerning a carpet purportedly where the alleged incident occurred which was moved to another condominium unit.
In the affidavit, among others Anwar claimed that the Federal Court did not deal with the evidence on political conspiracy and did not weigh carefully on the issue of the credibility of Mohd. Saiful Bukhari Azlan, the aide he had sodomised.
A Federal Court bench led by Chief Justice Tun Arifin Zakaria dismissed Anwar’s final appeal against his conviction and maintained the five-year jail term imposed by the Court of Appeal.
Anwar was alleged to have committed the offence at the Desa Damansara condominium in Bukit Damansara June 26, 2008.
On March 7 last year, the Court of Appeal reversed the High Court’s finding which acquitted Anwar after his defence was called. — Bernama