Sodomy II: AG appeals against Anwar’s acquittal

(Bernama) – The Attorney-General’s Chambers has filed a petition of appeal at the Court of Appeal Registry against the acquittal and discharge of Opposition Leader Datuk Seri Anwar Ibrahim on a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan.

A senior deputy public prosecutor confirmed on Tuesday the petition was filed on Monday.

It is learnt that no date was set by the court to hear the appeal.

Last Monday, the Kuala Lumpur High Court had served the appeal records, including an 80-page written judgement, to facilitate the prosecution in filing the petition.

In his written judgment, the trial judge, Justice Datuk Mohamad Zabidin Mohd Diah, had ruled that the court could not be 100% certain on the integrity of samples taken for DNA testing from the complainant (Mohd Saiful Bukhari).

He said the samples could have been compromised before they reached the Chemistry Department for analysis.

Therefore, Mohamad Zabidin said, it was not safe for the court to rely on the DNA results obtained by chemist Dr Seah Lee Hong from the analysis conducted on the samples.

On Jan 20, the AGC had filed a notice of appeal against Anwar’s acquittal from the sodomy charge.

The notice, which was signed by Solicitor-General Datuk Idrus Harun, was filed at the Kuala Lumpur Criminal High Court registry.

On Jan 9, High Court Judge Datuk Mohamad Zabidin Mohd Diah had acquitted and discharged Anwar, who had been charged with sodomising Saiful at a Desa Damansara condominium unit in Bukit Damansara here between 3.10pm and 4.30pm on June 26, 2008.

Anwar, 65, was charged under Section 377B of the Penal Code which carries a sentence of up to 20 years’ jail and whipping, upon conviction.