KUALA LUMPUR: The Court of Appeal today found Opposition leader Datuk Seri Anwar Ibrahim guilty of sodomising his former aide Saiful Bukhari Azlan in 2008 and is sentenced to five years in jail.
Judge Datuk Balia Yusof Wahi, who is leading a three-man bench allowed the prosecution’s appeal against a 2012 High Court decision that acquitted Anwar of the charge.
Presiding the case are Justices Datuk Balia Yusof Haji Wahi, Aziah Ali and Mohd Zawawi Salleh while Lawyer Karpal Singh is leading Anwar’s defence team.
It was reported by The Star earlier that the court heard that the DNA profile of a third party was found in Mohd Saiful Bukhari Azlan’s anus despite his claim of not being a homosexual.
Anwar’s co-counsel Ramkarpal Singh submitted that the prosecution had failed to explain the source of the contributor of the third DNA in the “intimate samples” during the Opposition leader’s sodomy trial.
Anwar failed three times in his bid to disqualify Umno linked lawyer Tan Sri Muhammad Shafee Abdullah from leading the prosecution team.
News Straits Times reported that deputy public prosecutor, Shafee, submitted that there had never been tampering of the semen exhibits in the sodomy trial of opposition leader Datuk Seri Anwar Ibrahim.
Muhammad Shafee added that the trial judge had misdirected himself when he concluded there was tampering of exhibits when there was no such evidence at all.
The Star also reported that Anwar will not dare take the witness stand to explain his sodomy charge, the Court of Appeal heard Thursday.
Muhammad Shafee reportedly said the evidence against Anwar was overwhelming and the Opposition Leader must be found guilty.
“It is one appeal (the prosecution’s appeal against Anwar’s acquittal over the sodomy charge) which is difficult to resist,” he was quoted as such.
He said Anwar would have serious problems explaining the charge against him and would not want to be cross-examined.
On Jan 9 2012, the High Court in Kuala Lumpur reportedly acquitted and discharged Anwar on the charge of sodomising his former aide Mohd. Saiful Bukhari Azlan, 26, at Desa Damansara condominium in Bukit Damansara on June 26, 2008.
Justice Mohamad Zabidin Mohd Diah said that after going through the evidence, the court could not be 100% certain the integrity of the DNA samples was not compromised.
The prosecution lodged an appeal to the Court of Appeal against Anwar’s acquittal.
A report stated that Muhammad Shafee was appointed to be the prosecutor by the attorney-general to lead the prosecution in its appeal against Anwar’s acquittal for sodomy.
Muhammad Shafee informed a three-member Court of Appeal panel, that he was appointed to appear as prosecutor in the appeal, by way of a “fiat” under Section 376 (3) of the Criminal Procedure Code (CPC).
His letter of appointment was signed by the attorney-general July last year.
It was reported by The Mole that Anwar failed in his appeal at the Federal Court in November last year to disqualify Shafee from appearing as public prosecutor in the appeal against his acquittal on a sodomy charge.
In an article, Anwar, December last year, filed a second application to disqualify Shafee from leading the prosecution team using the information given by former Kuala Lumpur CID chief Mat Zain Ibrahim’s statutory declaration as the grounds to file a new application to disqualify Muhammad Shafee.
Anwar in a report, failed in his second attempt to disqualify MuhammadShafee as lead prosecutor in the prosecution’s appeal against his acquittal for sodomy.
It was reported that the Federal Court on Tuesday allowed an application by the prosecution to strike out an appeal by PKR de facto leader Datuk Seri Anwar Ibrahim to recall a retired police investigating officer to give additional evidence in his sodomy case.