04 May 2010

Federal court dismissed Anwar's appeal........

The three-member Federal Court panel deciding on Opposition Leader Anwar Ibrahim's appeal to strike out his second sodomy charge have dismissed his application.

The judges comprising Chief Judge Malaya Justice Arifin Zakaria, Justice James Foong and Court of Appeal judge Suriyadi Halim Omar ruled the matter should go for a full trial despite objections from the defence that medical reports show no sign of penetration.

In announcing the unanimous decision, Arifin said the medical report should be read in its entirety.

"It does not support the appellant's claim for the charge to be struck out," he said.

With today's decision, the on-going sodomy trial will continue on Monday with the cross-examination of the complainant, Mohd Saiful Bukhari Azlan.

Anwar had earlier failed twice to get the lower courts to throw out the charge.

Back to the High Court

The Kuala Lumpur High Court had on Dec 1 last year, rejected Anwar's application to strike out the charge.

Trial judge Justice Mohamad Zabidin Md Diah ruled that the matter had to go through a full trial to determine whether actual penetration took place.

Similarly, the Court of Appeal had on Feb 17, unanimously dismissed Anwar's appeal to quash the charge.

It ruled the trial should proceed despite documentary evidence from three doctors there was no sign of penetration into Saiful's rectum.

The joint clinical reports by doctors Khairul Nizam Hassan, Mohd Razali Ibrahim and Siew Sheue Seng - who examined Saiful on June 28, 2008, two days after the alleged sodomy - also said there were no signs of any defensive wounds on Saiful's body.

Anwar was represented by senior lawyer Karpal Singh, while Solicitor-General II Mohd Yusof Zainal Abiden led the prosecution.

source— Malaysian Mirror

Not suprised, decision expected and what can you expect from 1Malaysia courts, if oppositions are involved.......

cheers.

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