Federal Court denies Anwar's final bid (Updated)

PUTRAJAYA: The Federal Court today denied Datuk Seri Anwar Ibrahim's final bid to set aside his sodomy conviction and five-year sentence for sodomising his former aide Mohd Saiful Bukhari Azlan.

In a unanimous decision, Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin said Article 128 of the Federal Constitution involving powers of the Federal Court does not provide the panel jurisdiction to review this case.

"We are of the view that there is no merit on the applicant's contention that there was a serious injustice occasioned by the conduct of the trial relating to the chain of custody of the exhibits and the alleged tampering of the exhibits.

"We are also of the opinion that Rule 137 of the Rules of the Federal Court 1995 is to prevent injustice and not for its processes to be abused," he said in the 62-page judgement read out at the Palace of Justice.

Justice Zulkefli who chaired a five-member bench also dismissed all 35 grounds in Anwar's petition of appeal asking the Federal Court to overturn the Court of Appeal’s ruling.

The five-member bench comprises Zulkefli, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court Judges Tan Sri Hasan Lah, Tan Sri Abu Samah Nordin and Tan Sri Zaharah Ibrahim.

However Malanjum did not appear during the proceeding due to a personal bereavement.

Following the decision, Anwar told reporters from the dock that he will consulting his legal team for the next cause of action to pursue.

"It is not the end of the road. I cannot say I was optimistic of the outcome," he said.

Head of trial and appellate division Datuk Ahmad Kamal Md Shahid led the prosecution team. He was assisted by deputy public prosecutors Awang Armadajaya Awang Mahmud, Wan Shaharuddin Wan Ladin, Tengku Amir Zaki Tengku Abdul Rahman and Zhafran Rahim Hamzah.

Anwar, 68, was represented by lawyers Datuk Seri Gopal Sri Ram, Ramkarpal Singh, N.Surendran, Latheefa Koya, R. Sivarasa, J.Leela and Shahid Adli Kamaruddin.

Anwar had filed the review application seeking the Federal Court to invoke Rule 137 of the Rules of the Federal Court 1995 and review the decision of the five-member panel led by Chief Justice Tun Arifin Zakaria.

Alternatively, he wants the Federal Court to re-hear his appeal on its merits.

Anwar is currently serving a five-year jail term in Sungai Buloh Prison after the Federal Court, on Feb 10, 2015, upheld his conviction and sentence imposed by the Court of Appeal on March 7, 2014.

On Jan 9, 2012, the High Court acquitted and discharged Anwar of the charge.

However, the court of Appeal overturned the ruling and convicted Anwar after allowing the prosecution appeal.

Anwar was alleged to have committed the offence 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.