Malaysians from all walks of life particularly people who are concern about ‘ justice must be seen to be done’ are awaiting to see weather the Federal court would do justice to Mohd. Saiful Bukhari Bin Azlan, the former aide of Anwar Ibrahim. Saiful has reported to polis that he was sodomised by his former boss, Anwar Ibrahim on 28.6.2008 at Desa Damansara Condimuinium. With this police report, Anwar Ibrahim was charged under Section 377B of the Penal Code, which carries a jail term of up to 20 years and whipping, upon conviction.
The Appeal Court consist of thre learned judges, BALIA YUSOF HJ WAHI,AZIAH ALI and MOHD ZAWAWI SALL, has considered the submissions put up by Anwar Ibrahim’s defence council and the Prosecution and on 7th March 2014, the the Court of Appeal find Anwar guilty of sodomised Mohd.Saiful Bukhari Azlan and imposed him 5 years imprisonment. Anwar Ibrahim has spared of the punishment opf whipping.
The Appeal court has taken into consideration some important evidence as follows in making their jufgement:
1. The integrity of the samples were upheld.
2. Anwar statement from the dock is not entitled the same weight as sworn testimony because it is not subject to cross examination.
3. Anwar has given a notice of 14 witness as alibi but abandoned it and elected to give evidence from the dock.
4. The Appeal Court rejected the defence submission that the DNA were planted.
5. The Appeal court take into consideration that the DNA never degrade for years.
6. Saiful Bukhari ‘s evidence as a complainant are convincing and does not necessarily need a corroborative evidence.
In imposing the 5 yrs jail sentence , the Appeal Court has considered the commission of the offence, the seriousness of the offence and weighed them as against public interest. The court finds that the 5 years imprisonment would serve the ends of justice and is proportionate to the offence committed.
The question now is, will the Federal Court on hearing on 28 n 29 of Anwar’s appeal gainst his conviction will upheld the decisions of the Appeal court to ensure justice to Saiful Bukhari, who ranks as a common man but a citizen of Malaysia.