Versi BM
TIGA panel Mahkamah Rayuan hari ini membuat keputusan mensabitkan Ketua
Pembangkang Datuk Seri Anwar Ibrahim atas pertuduhan meliwat bekas
pembantu peribadinya Saiful Bukhari Azlan di Istana Kehakiman Putrajaya
sebentar tadi.
Prosiding mendengar rayuan dari pasukan pendakwaan ditetapkan bermula semalam hingga hari ini.
Hakim menerima rayuan pasukan pendakwaan yang diketuai oleh Peguam Kanan Tan Sri Muhammad Shafee Abdullah.
Memandangkan waktu pejabat sudah hampir berakhir, agak sukar untuk
pasukan pembelaan Anwar diketuai peguam Karpal Singh untuk memfailkan
rayuan di Mahkamah Persekutuan.
Ini bermakna, hari ini Anwar yang juga Ketua Umum Parti Keadilan Rakyat
(PKR) akan dihantar ke penjara pada hari ini sebelum pasukan pembelaan
boleh memfailkan prosiding rayuan di Mahkamah Persekutuan.
Anwar Ibrahim yang didapati bersalah meliwat bekas pembantunya Mohd Saiful Bukhari Azlan akan memohon meringankan hukuman. Mahkamah berehat sejam dan kembali mendengar rayuan daripada Peguam2 Anwar.
Ketua pembangkang itu berdepan hukuman 20 tahun penjara dan sebatan. Kerana umur, maka beliau terlepas hukuman sebatan.
Melalui keputusan Mahkamah Rayuan hari ini, bukan sahaja Anwar akan gagal menjadi calon pada PRK Kajang yang dijadual pada 23 Mac, akan tetapi akan kehilangan kerusi Parlimen Pematang Pauh.
English Version
PUTRAJAYA: The Court of Appeal found Datuk Seri Anwar Ibrahim guilty of sodomising his former aide in 2008.
The three-man panel allowed the prosecution's appeal against a 2012 High Court decision that acquitted Anwar of the charge.
The court is expected to deliver sentencing shortly.
Earlier, 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.
He argued that two samples taken from Saiful's anus and a Good Morning
towel found in Anwar's lock-up on the night of July 16, 2008 have the
third party's DNA.
Ramkarpal said the presence of third party's DNA could only happened if
Saiful had a sexual relationship with a man or that someone else had
came into contact with the samples taken from the complainant.
"Only two ways (third party's DNA) this can happen. First, if he
(Saiful) had a sexual relationship with a man who ejaculated inside him
leaving his DNA there.
"Or someone else had come into contact with the sperm after it was
extracted," he argued before a three-man panel chaired by Justice Balia
Yusof Wahi with Justices Aziah Ali and Mohd Zawawi Salleh.
He said the defence do not know the identity of the third party contributor.
"There is certainly some form of tampering as he (Saiful) himself said that he is not homosexual.
"It cannot be a coincidence for a same person's DNA to be found on the different items," he said.
He said the possibility of retired investigating officer Supt Judy
Blacious Pereira to have contact with the samples could not be excluded
due to him being a custodian of those items for a longer time.
"It is not for us to speculate but it creates a reasonable doubt. Other
people who had custody included three government doctors," he said.
Ramkarpal submitted that the prosecution's contention that Supt Jude had
merely cut an envelope containing samples for relabelling was "too much
a simplistic view".
"Tampering is fatal. That is why we say that the trial judge was corect
when he said that he cannot be 100% certain that the samples is not
compromised," he argued.
He argued that the law was strict on the integrity of samples.
"If unexplained (over the integrity of samples), it ought to be taken in favour of the respondent (Anwar)," he said.
Anwar's lead counsel Karpal Singh also hit out at lead prosecutor Tan
Sri Muhammad Shafee Abdullah's remarks over Anwar's move to give a
statement from the dock.
Karpal said that Shafee had defended lawyer and former deputy Speaker
D.P. Vijandran for a case in Ipoh where he had given a statement from
the dock.
"He (Vijandran) is obviously not a low mental capacity," he said to
Shafee's remarks that such a defence was to protect a vulnerable accused
who is mentally not stable.
Anwar was acquitted by the High Court on Jan 9,2012 for allegedly
sodomising his former aide Mohd Saiful at Desa Damansara Condominium in
Bukit Damansara on June 26, 2008.
Trial judge Justice Mohamad Zabidin Mohd Diah had ruled that the court
could not be 100% certain, after going through the evidence, that the
integrity of the DNA samples had not been compromised.
