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Malaysia prosecutor wants retrial of Anwar's “carnal intercourse” case
Published in Bikya Masr on 11 - 07 - 2012

KUALA LUMPUR: Malaysia's top prosecutor in opposition leader Anwar Ibrahim's sodomy case on Wednesday filed another case to the Appeals Court to “set aside a High Court decision acquitting and discharging Anwar of sodomizing his former aide, Mohd Saiful Bukhari Azlan.”
The Bernama news agency referred to the ongoing controversy as the “carnal intercourse” case in a headline on Wednesday, much to the anger of Ibrahim's supporters, who have repeatedly echoed the leader's statements that the case was politically motivated.
“It is simply ridiculous that the government and the prosecution take this much effort over the matter that was already decided by the court,” said Penang youth leader Mohsen Zaheen via telephone to Bikyamasr.com.
The prosecution has also applied to have Ibrahim convicted under Section 377B of the Penal Code on the offence of committing “carnal intercourse against the order of nature.”
The applications were made on the grounds that High Court Judge Mohamad Zabidin Mohd Diah, who heard the case, had erred in doubting the integrity of the DNA samples obtained from Mohd Saiful.
The prosecution argued that the judge had ruled at the end of the prosecution's case that the “male Y” obtained from the DNA profile analyzed by a chemist, Lee Hong, was from the semen extract which matched the DNA profile obtained from samples taken from the lockup occupied by Ibrahim.
In January, a Malaysian court acquitted Ibrahim of the sodomy charges.
The Kuala Lumpur High Court said it did not find enough evidence to convict the opposition leader of the charge, which carries a maximum penalty of 20 years in prison. If found guilty, Ibrahim would have been barred from politics for up to five years as general elections are to be had before April next year.
It took only three minutes for High Court Judge Mohamad Zabidin to read his decision after court proceedings took two years to complete.
The case started in 2008 when former aide Saiful Bukhari Azlan filed a case against Anwar for allegedly forcing him to have sex in a condominium in the suburbs of Kuala Lumpur.
Among the evidence presented were a tube of lubricant and underwear belonging to Saiful.
But the judge said there was no evidence to back Saiful's testimony.
Thousands of Anwar supporters gathered in front of the court broke into cheers on hearing the verdict.
“This is a good day for Malaysia," said a student who only identified herself as Nur. “We need to keep fighting for reforms. We need to win the next elections."
Johann Tan, executive director of the local human rights group Pusat Komas, said the decision surprised the whole country, which was expecting a guilty verdict because many Malaysians believed the judiciary is controlled by the government, which Anwar wants to replace.
Ibrahim himself called the charge politically motivated.
“The decision is very refreshing, very encouraging," Tan said. “It is a boost to all of us, not only for those in the government or the opposition but also to the civil society and the Malaysian people as a whole," Ibrahim told reporters in January after the acquittal.


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