Appeals court refuses to strike out sodomy charge

In yet another blow to Anwar Ibrahim, the Court of Appeal today dismissed the opposition leader's appeal to quash his sodomy charge.

In a unanimous decision, the three-member panel led by Justice Abu Samah Nordin ruled that the trial should proceed despite documentary evidence from three doctors there was no sign of penetration of Mohd Saiful Bukhari Azlan's rectum.

The joint clinical forensic report 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 any defensive wounds on Saiful's body.

With the decision, Anwar's sodomy trial which began two weeks ago will continue tomorrow.

Anwar's lawyer Karpal Singh immediately applied for a stay of hearing pending an appeal to the Federal Court, the country's highest court.

However, it was also rejected by the court.

Judge Abu Samah said that the application was not supported by affidavit as it was made orally.

Trial to go on tomorrow

In dismissing Anwar's appeal, Abu Samah said there was no basis for the court to allow for the striking out of the sodomy charge.

He ruled that the medical report was only corroborative as the alleged sodomy act would have to be supported by oral testimony as well as forensic evidence.

Abu Samah said the court was of the view that Anwar had also failed to prove the charge was oppressive and an abuse of the court process.

Hence, he said the trial should be allowed to go on.

On Dec 1 last year, the Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah dismissed Anwar's striking out application and ruled the matter should proceed to a full trial.

The prosecution had argued that the medical report was only half the evidence and hence, should not be treated as conclusive.

It said that samples obtain from the victim's rectum show there was semen.

Anwar, 62, had applied to strike out the sodomy charge following revelations from the medical report on Mohd Saiful that there was no indication that there was no penetration of his rectum.

Anwar, is charged with sodomising Mohd Saiful, his former aide at the Desa Damansara condominium on June 26, 2008.

'Decision expected'

In an immediate reaction, Anwar said the decision was expected.

He also described the protest by Umno and BN outside the Australian embassy as “improper”.

According to him, he has also received support from United States, Turkey and Qatar.

"Now that I have support from the Americans, Qatar and Turkey, are they going to protest too?" he asked.

news courtesy of Malaysiakini