Four years after the Sodomy II trial began, 67-year-old Anwar Ibrahim will know either today or tomorrow whether the Federal Court will convict him and consign him to jail.
Over the next two days, a five-member panel at the country's highest court will decide on the opposition leader's appeal as well as the prosecution's cross-appeal to impose a higher jail term of five years.
Anwar's defence team has submitted 35 grounds in appealing the Court of Appeal decision on March 7 that found the Permatang Pauh MP guilty of sodomy - the second such conviction in 10 years.
The prosecution in turn has made four points to seek a longer jail term, where it felt the five years imposed on the PKR de factoleader as manifestly inadequate compared to the maximum 20 years' jail term and whipping allotted under the Penal Code.
Should Anwar be convicted, he will automatically lose his Permatang Pauh parliament seat and a by-election is expected to be called.
Former Bar Council chairperson and senior lawyer Sulaiman Abdullah will once again helm Anwar's defence team.
Sulaiman had initially represented Anwar at the early stages of the case when he was first charged at the Kuala Lumpur Sessions Court in August 2008.
However, Karpal Singh took over the defence when trial started in the High Court in Kuala Lumpur two years later. Karpal died in a road accident in April this year, resulting in Sulaiman being reinstated as the lead counsel.
Lead prosecutor Muhammad Shafee Abdullah was at the Taman Duta home of then deputy prime minister Najib Abdul Razak when the person Anwar was accused of sodomising, his former aide Mohd Saiful Bukhari Azlan, arrived there on June 24, 2008.
However, Shafee was said not to be with Najib when Saiful related his predicament.
Anwar had applied three times to remove Shafee from leading the prosecution but to no avail.
Saiful also made an impassioned plea yesterday, ahead of today'
s appeal, for the “truth of the incident to come to light”, for this is important for him and his family as it concerned his honour and future.
The trial will also be closely watched by international observers that includes the Inter-Parliamentary Union, Union for Civil Liberty, LawAsia as well as the Malaysian Bar. The case is also expected to attract foreign embassy officials, who will be in at the hearing as observers.
Malaysiakini is covering the hearing live.
LIVE REPORT
8.59am: Anwar Ibrahim arrives with wife and PKR president Dr Wan Azizah Wan Ismail.
Also as part of the legal team is Gobind Singh Deo. Anwar is seen in a discussion with lead defence counsel Gopal Sri Ram.
8.55am: In a new development, former Federal Court judge Gopal Sri Ram is appearing for Anwar replacing Sulaiman Abdullah.
It is learnt that Gopal is appointed as lead defence counsel at the very last minute. According to defence lawyer Latheefa, Sulaiman is not well and he had to pull out.
8.40am: Also for the defence team besides Latheefa and Surendran, are lawyers R Sivarasa, Sangeet Kaur, J Leela, Ram Karpal and Eric Paulsen.
For the prosecution, Shafee is being help by his legal team from his private firm, along with deputy head of the Attorney-General Chamber’s prosecution division Mohd Hanafiah Zakaria.
Both Shafee and senior lawyer Sulaiman Abdullah, who will lead the defence team, have yet to arrive.
Also seen in the public gallery are former PKR secretary-general Saifuddin Nasution Ismail and Lumut MP Admiral (rtd) Mohamad Imran Abdul Hamid.
8.28am: The five-member Federal Court bench is headed by Chief Justice Arifin Zakaria.
The others are Court of Appeal president Md Raus Sharif, Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar and Ahmad Maarop.
Among those seen in the courtroom is PKR vice-president and Lembah Pantai MP Nurul Izzah Anwar.
8.10am: Saiful Bukhari's lawyer Zamri Idrus enters the courtroom. Some of the foreign observers are already in the public gallery.
Anwar's defence team Latheefa Koya and N Surendran are also in court.
Journalists have to undergo three security screenings - first at the barricade, then at the main entrance of the Palace of Justice and finally they have to register themselves with the security personnel stationed outside the courtroom where the Sodomy II appeal will be heard.
8am: Journalists who are covering the hearing go through security screening by the police before being allowed into the court complex.
7:40am: A group of PKR Youth supporters arrives and gather near the police tent in the middle of the main road leading to the Palace of Justice.
No one is allowed into the massive court complex yet. Court workers however enter the complex through the back of the building after security screening by the police.
A representative of the court says the barricade will be opened at 8.15am.
6.50am: Police have barricaded the roads surrounding the massive court complex at the Palace of Justice in Putrajaya where Anwar's Sodomy II appeal is to be heard.
Over the next two days, a five-member panel at the country's highest court will decide on the opposition leader's appeal as well as the prosecution's cross-appeal to impose a higher jail term of five years.
Anwar's defence team has submitted 35 grounds in appealing the Court of Appeal decision on March 7 that found the Permatang Pauh MP guilty of sodomy - the second such conviction in 10 years.
The prosecution in turn has made four points to seek a longer jail term, where it felt the five years imposed on the PKR de factoleader as manifestly inadequate compared to the maximum 20 years' jail term and whipping allotted under the Penal Code.
Should Anwar be convicted, he will automatically lose his Permatang Pauh parliament seat and a by-election is expected to be called.Former Bar Council chairperson and senior lawyer Sulaiman Abdullah will once again helm Anwar's defence team.
Sulaiman had initially represented Anwar at the early stages of the case when he was first charged at the Kuala Lumpur Sessions Court in August 2008.
However, Karpal Singh took over the defence when trial started in the High Court in Kuala Lumpur two years later. Karpal died in a road accident in April this year, resulting in Sulaiman being reinstated as the lead counsel.
Lead prosecutor Muhammad Shafee Abdullah was at the Taman Duta home of then deputy prime minister Najib Abdul Razak when the person Anwar was accused of sodomising, his former aide Mohd Saiful Bukhari Azlan, arrived there on June 24, 2008.
However, Shafee was said not to be with Najib when Saiful related his predicament.
Anwar had applied three times to remove Shafee from leading the prosecution but to no avail.
Saiful also made an impassioned plea yesterday, ahead of today'
s appeal, for the “truth of the incident to come to light”, for this is important for him and his family as it concerned his honour and future.
The trial will also be closely watched by international observers that includes the Inter-Parliamentary Union, Union for Civil Liberty, LawAsia as well as the Malaysian Bar. The case is also expected to attract foreign embassy officials, who will be in at the hearing as observers.
Malaysiakini is covering the hearing live.
LIVE REPORT
8.59am: Anwar Ibrahim arrives with wife and PKR president Dr Wan Azizah Wan Ismail.
Also as part of the legal team is Gobind Singh Deo. Anwar is seen in a discussion with lead defence counsel Gopal Sri Ram.
8.55am: In a new development, former Federal Court judge Gopal Sri Ram is appearing for Anwar replacing Sulaiman Abdullah.
It is learnt that Gopal is appointed as lead defence counsel at the very last minute. According to defence lawyer Latheefa, Sulaiman is not well and he had to pull out.
8.40am: Also for the defence team besides Latheefa and Surendran, are lawyers R Sivarasa, Sangeet Kaur, J Leela, Ram Karpal and Eric Paulsen.
For the prosecution, Shafee is being help by his legal team from his private firm, along with deputy head of the Attorney-General Chamber’s prosecution division Mohd Hanafiah Zakaria.
Both Shafee and senior lawyer Sulaiman Abdullah, who will lead the defence team, have yet to arrive.
Also seen in the public gallery are former PKR secretary-general Saifuddin Nasution Ismail and Lumut MP Admiral (rtd) Mohamad Imran Abdul Hamid.
8.28am: The five-member Federal Court bench is headed by Chief Justice Arifin Zakaria.
The others are Court of Appeal president Md Raus Sharif, Federal Court judges Abdull Hamid Embong, Suriyadi Halim Omar and Ahmad Maarop.
Among those seen in the courtroom is PKR vice-president and Lembah Pantai MP Nurul Izzah Anwar.
8.10am: Saiful Bukhari's lawyer Zamri Idrus enters the courtroom. Some of the foreign observers are already in the public gallery.
Anwar's defence team Latheefa Koya and N Surendran are also in court.
Journalists have to undergo three security screenings - first at the barricade, then at the main entrance of the Palace of Justice and finally they have to register themselves with the security personnel stationed outside the courtroom where the Sodomy II appeal will be heard.
8am: Journalists who are covering the hearing go through security screening by the police before being allowed into the court complex.
7:40am: A group of PKR Youth supporters arrives and gather near the police tent in the middle of the main road leading to the Palace of Justice.
No one is allowed into the massive court complex yet. Court workers however enter the complex through the back of the building after security screening by the police.
A representative of the court says the barricade will be opened at 8.15am.
6.50am: Police have barricaded the roads surrounding the massive court complex at the Palace of Justice in Putrajaya where Anwar's Sodomy II appeal is to be heard.
More than 50 police officers are guarding the key roads leading to the court building.
Those who want to attend the court hearing will have to take a long trek. Tents erected by the police are placed midway on the main road.
[More to follow]
Those who want to attend the court hearing will have to take a long trek. Tents erected by the police are placed midway on the main road.
[More to follow]
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