Kuala Lumpur – The Federal Court will issue a notice soon to the prosecution and defence of the date of the apex court’s decision in Datuk Seri Anwar Ibrahim’s sodomy appeal, Chief Justice Tun Arifin Zakaria said today.
He said he could not indicate when the notice would be issued but said it (notice) would be issued two weeks before the judgement date.
“We will issue the notice two weeks ahead not two weeks from today. That is the best I can tell you,” Arifin told reporters after officiating the Legal Year 2015 here.
Asked if the notice would be issued before the Chinese New Year, he declined to comment but said the court was still within the three months standard practice timeline to complete judgement.
The Federal Court had reserved its decision in the appeal by the PKR adviser after hearing submissions from the prosecution and defence for a week in November last year.
Arifin had chaired a five-man bench along with Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk Ramly Ali in hearing the appeal.
The prosecution had also filed a cross-appeal to enhance Anwar’s jail sentence. However, the matter will only be heard if the Federal Court upholds the decision of the Court of Appeal.
The Court of Appeal had found Anwar, 67, guilty of having sodomised Mohd Saiful Bukhari Azlan, 27, at Unit 11-5-1 of Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, Kuala Lumpur, between 3.10pm and 4.30pm on June 26, 2008.
On Jan 9, 2012, the High Court acquitted and discharged Anwar of the charge on the grounds that the court could not be 100 per cent certain on the integrity of samples taken for DNA testing from the alleged victim.
The court had ruled that the samples could have been compromised before they reached the Chemistry Department for analysis.
However, the Court of Appeal in convicting Anwar on the sodomy charge, held that the trial judge had erred in his findings about the samples which were based on the evidence of two expert witnesses called by the defence. – Bernama