By Shazwan Mustafa Kamal - The Malaysian Insider
PUTRAJAYA, Feb 17 — The Court of Appeal dismissed today Datuk Seri Anwar Ibrahim’s bid to strike out his sodomy charge, by ruling that he had failed to prove the charges against him were oppressive or an abuse of the court process.
In reading out the ruling, Court of Appeals judge Datuk Wira Abu Samah also said that medical reports suggesting there was no anal penetration of Anwar’s accuser were also inconclusive and could not be used as a basis for throwing out the charge.
Karpal Singh, lead counsel for Anwar’s defence team, immediately demanded a stay of proceedings at the High Court pending an appeal of today’s decision to the Federal Court.
But the court also dismissed the request for an immediate stay, by pointing out that a formal application was needed.This means that Anwar’s sodomy trial will continue tomorrow.
Anwar wanted the sodomy charge against him thrown out because clinical reports suggest there was no anal penetration of his accuser, but prosecutors argued that semen samples could still prove unnatural carnal activity.
Anwar is accused of sodomising his one-time aide Mohd Saiful Bukhari Azlan at the Desa Damansara Condominium on June 26, 2008.
The former deputy prime minister has vehemently denied the accusations hurled by Saiful, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.
He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction.
The trial is taking place 18 months after Anwar was charged in court in August 2008. Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.
He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
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