Federal Court rejects Anwar’s sodomy judicial review, remains in prison
Anwar failed in his final bid to freedom from his conviction.
(Malaysia Outlook) – The Federal Court today dismissed former PKR de facto leader Anwar Ibrahim’s bid to judicial review his sodomy conviction.
Anwar applied to set aside his sodomy conviction and five-year sentence for sodomising his former aide Mohd Saiful Bukhari Azlan.
The final 62 page long verdict was read out by Chief Judge of Malaya Justice Zulkefli Ahmad Makinudin.
The other three judges are Justice Hasan Lah, Justice Abu Samah Nordin and Justice Zaharah Ibrahim, meanwhile Chief Judge of Sabah and Sarawak Justice Richard Malanjum did not seat today as he had to attend a funeral.
In pointing out his judgement, Justice Zulkefli said it is a review of Federal Court’s decision and the appellant had raised the issue of miscarriage of justice.
Zulkefli raised the point that under Article 128 of Federal Constitution does not provide the Federal Court to review its decision.
He added that citing Asean Paper Mills case, Rule 137 does not confer any power to the court to review its own decision.
Rule 137 is to hear any order to prevent any injustice and abuse of process of court.
He also said that there is no merit on Anwar’s argument on the press statement issued by the Prime Minister’s department as the judgment was written beforehand.
Justice Zulkefli added that there is no merit on Anwar’s argument that the prosecutor was bias.
He stressed that Shafee was duly appointed and was fit person to run the case.
Justice Zulkefli dismisses the matter of the KY Jelly as a non-issue in the defence’s attack on the crime scene.
He said the integrity of the crime scene regarding the carpet being moved to a different condominium unit is also not an issue as there was evidence of the carpet being moved.
In conclusion he said there is no issue of miscarriage of justice regarding the chain of sampling.
Anwar is expected to complete his jail term in mid 2018.
