Sodomy II appeal: Case management fixed for Nov 23

(Bernama) – The prosecution’s appeal against Datuk Seri Anwar Ibrahim’s acquittal on a charge of sodomising his former aide Mohd Saiful Bukhari Azlan is fixed for further case management on November 23. 

Court of Appeal deputy registrar N. Kanageswari fixed the date after the case came up for case management before her today.

She fixed another date for case management as the notes of evidence were incomplete and thus the records of appeal were also not complete.

Anwar’s counsel Ram Karpal Singh said both the prosecution and defence required time to go through a CD of the recordings of the trial proceedings before the hearing date is fixed.

On January 9 this year, the Kuala Lumpur High Court acquitted Anwar of sodomising Mohd Saiful, 26, 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 jail sentence of up to 20 years and whipping, upon conviction.

On January 20, the prosecution subsequently filed a notice of appeal against the opposition leader’s acquittal.

On July 9, the prosecution filed its petition of appeal which contained nine grounds.

The 80-page written judgment by High Court judge Datuk Mohamad Zabidin Mohd Diah reveals there was penile penetration but it was uncorroborated by other evidence.

He said the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from Mohd Saiful as the samples could have been compromised before they reached the chemistry department for analysis.