Following Tuesday's Federal Court decision jail
Anwar Ibrahim five years for sodomy, the oppositon leader is now left
with two legal options to set aside the conviction.
The first is to file for a judicial review asking the Federal Court to reconsider its decision to convict and sentence him.
The
second is for him to seek a pardon from the ruler of the state or
territory where the sodomy offence occurred. In this case, it being the
Federal Territory, the ruler would be none other than the Yang
di-Pertuan Agong.
Anwar's (left) counsel Ramkarpal Singh when contacted said they have yet to decide on filing for a judicial review.
“We have to study the full grounds of the judgment first. Then we can make a decision,” said Ramkarpal - who is also the Bukit Gelugor MP - when contacted today.
Another of Anwar's lawyers, N Surendran, said they will announcing further legal steps to be taken by Anwar's defence team.
“We will make an announcement soon,” he said when asked whether Anwar would seek a pardon.
Feb 24 deadline
Yesterday, Bernama quoted a law professor from Universiti Utara Malaysia as saying a royal pardon was one option available.
Several local media reports since then have claimed that Anwar would not be seeking a pardon.
Malay daily Berita Harian quoted senior PKR leader and lawyer Sivarasa Rasiah as saying the issue (of a pardon) 'does not arise'.
Normally, a royal pardon or clemency from the King (below) is the last option available to a convicted person to set aside his or her sentence.
The appeal for it has to be done within 14 days of the court passing the sentence.
Anwar,
therefore, has until Feb 24 to file his appeal for a royal pardon in
order to set aside his jail sentence and remain as Permatang Pauh member
of Parliament.
Observers,
however, point out that Anwar had declined to seek a royal pardon when he was imprisoned in 1999 for abuse of power.
In seeking a royal pardon, the convict's lawyers will have to write to the Pardons Board whose current members include the present Attorney-General Abdul Gani Patail.
Among the politicians who had successfully sought royal pardons following their convictions was former Umno Youth chief and Selangor menteri besar, the late Harun Idris, who
was found guilty of corruption in the 1970s.
Anwar in good spirits
Padang Serai MP Surendran, meanwhile, said he, along with PKR central working council member Latheefa Koya, met Anwar at the Sungai Buloh prison earlier today.
He said the opposition leader remains resolute and was in good spirit despite being subject to harsh prison conditions.
“Anwar
thanked Pakatan Rakyat leaders and all Malaysians throughout the
country for their support and concern. He also noted the concern
expressed by the major international
powers on his jailing,” said Surendran (left).
Anwar was sentenced to five years' jail after the Federal Court unanimously found him guilty of sodomising his former aide Mohd Saiful Bukhari Azlan at a Kuala Lumpur condominium on June 26, 2008.
Chief Justice Arifin Zakaria took two hours to read the judgment in which he ruled there was overwhelming evidence that Saiful was sodomised by the accused as proved by the substantial scientific and corroborative evidence.
The first is to file for a judicial review asking the Federal Court to reconsider its decision to convict and sentence him.
The
second is for him to seek a pardon from the ruler of the state or
territory where the sodomy offence occurred. In this case, it being the
Federal Territory, the ruler would be none other than the Yang
di-Pertuan Agong.Anwar's (left) counsel Ramkarpal Singh when contacted said they have yet to decide on filing for a judicial review.
“We have to study the full grounds of the judgment first. Then we can make a decision,” said Ramkarpal - who is also the Bukit Gelugor MP - when contacted today.
Another of Anwar's lawyers, N Surendran, said they will announcing further legal steps to be taken by Anwar's defence team.
“We will make an announcement soon,” he said when asked whether Anwar would seek a pardon.
Feb 24 deadline
Yesterday, Bernama quoted a law professor from Universiti Utara Malaysia as saying a royal pardon was one option available.
Several local media reports since then have claimed that Anwar would not be seeking a pardon.
Malay daily Berita Harian quoted senior PKR leader and lawyer Sivarasa Rasiah as saying the issue (of a pardon) 'does not arise'.
Normally, a royal pardon or clemency from the King (below) is the last option available to a convicted person to set aside his or her sentence.
The appeal for it has to be done within 14 days of the court passing the sentence.
Anwar,
therefore, has until Feb 24 to file his appeal for a royal pardon in
order to set aside his jail sentence and remain as Permatang Pauh member
of Parliament.Observers,
however, point out that Anwar had declined to seek a royal pardon when he was imprisoned in 1999 for abuse of power.
In seeking a royal pardon, the convict's lawyers will have to write to the Pardons Board whose current members include the present Attorney-General Abdul Gani Patail.
Among the politicians who had successfully sought royal pardons following their convictions was former Umno Youth chief and Selangor menteri besar, the late Harun Idris, who
was found guilty of corruption in the 1970s.
Anwar in good spirits
Padang Serai MP Surendran, meanwhile, said he, along with PKR central working council member Latheefa Koya, met Anwar at the Sungai Buloh prison earlier today.
He said the opposition leader remains resolute and was in good spirit despite being subject to harsh prison conditions.
“Anwar
thanked Pakatan Rakyat leaders and all Malaysians throughout the
country for their support and concern. He also noted the concern
expressed by the major internationalpowers on his jailing,” said Surendran (left).
Anwar was sentenced to five years' jail after the Federal Court unanimously found him guilty of sodomising his former aide Mohd Saiful Bukhari Azlan at a Kuala Lumpur condominium on June 26, 2008.
Chief Justice Arifin Zakaria took two hours to read the judgment in which he ruled there was overwhelming evidence that Saiful was sodomised by the accused as proved by the substantial scientific and corroborative evidence.
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