Human rights group Suaram has reminded the Federal Court to perform its sworn duty to uphold the constitution and the law when it hands down its decision on jailed ex-deputy premier Anwar Ibrahim's appeal against a sodomy conviction.

The three-member panel - Justices Abdul Hamid Mohamad and Rahmah Hussain and Court of Appeal judge Tengku Baharudin Shah Tengku Mahmud - will announce the much awaited decision in Putrajaya's Palace of Justice at 9am on Thursday.

This will be Anwar's last chance to have his nine-year sentence quashed, on the grounds that the conduct of the trial four years ago was deeply-flawed.

The country's highest court had heard the appeal over a period of two weeks in May.

Anwar is appealing against a High Court decision on Aug 8, 2000, which convicted him and adopted brother Sukma Darmawan Sasmitaat Madja of sodomising Anwar's former family driver Azizan Abu Bakar.

Their application to the Court of Appeal was rejected on April 18 last year.

Regain respect

Suaram co-ordinator Eric Paulsen, in a statement released today, urged the judiciary to use the occasion as an opportunity to overcome the obstacles against its independence and to regain the respect that it once commanded.

"The judiciary must begin adjudicating in the manner that befits (its) name and responsibility and not sacrifice judicial independence at the altar of political expediency," he said.

Paulsen, however, stressed that an independent decision should not be defined as a verdict which goes against the government or its interest.

"The decision is an independent one if it is decided fairly and justly, relying only on the facts of the case and the law, free from any improper interference, and more so if it is a politically charged case."

He added that many misgivings have been expressed on the "widely perceived political persecution of Anwar and the role played by the judiciary in 'legalising' his continuing incarceration".

"These assessments were made plain by a series of questionable rulings by the trial judges, for example, refusal of bail; allowing amendment of the charges at a late stage; expunging of evidence; compelling the defence to provide a summary of witnesses' evidence in advance and ruling on their relevancy; disallowing witnesses from testifying; disallowing the defence of political conspiracy and threatening and actual contempt of court proceedings against defence lawyers," said Paulsen.

"But topping it all was Azizan's lack of credibility as a complainant in a sex-related offence one that was characterised by blatant inconsistencies, evasiveness and lacking in material corroboration especially medical evidence that is crucial in such cases.

"The appellate courts compounded these glaring inequities and flaws by dismissing all appeals when it was clear that the decisions cannot stand in any independent court."

Independence crucial

According to Paulsen, a decision to dismiss Anwar's appeal will drive "the final nail into the coffin for any hope for the judiciary to reclaim its independence, honour and dignity".

"May a times the judiciary, from the High Court to the Federal Court, has let Anwar down when (its) independence was needed most (when) the rights and liberty of an individual are challenged in bad faith by the might of the state," he said.

Anwar, who has not been granted bail by the courts, is currently serving his nine-year sodomy sentence at the Sungai Buloh prison.

The ex-deputy premier, who was sacked in 1998 by then prime minister Dr Mahathir Mohamad, has completed his six-year jail sentence for the first conviction for corruption.

Two weeks ago, Anwar was warded in Hospital Kuala Lumpur as a result of a long-standing chronic backache complaint.

Early this month, Anwar's wife Wan Azizah Wan Ismail revealed that her husband was in danger of becoming paralysed if the authorities do not provide him with proper medical facilities or deny him an endoscopic surgery overseas.

He has been asking the government to allow him to seek proper treatment in Germany, a request which has been rejected by the government. He is expected to remain hospitalised indefinitely.