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Though expected, court decision still disappoints many

Former deputy prime minister Anwar Ibrahim expected the decision of the Federal Court to uphold his conviction on charges of corruption, said his daughter Nurul Izzah today.

"Definitely it is expected. My father did warn us. [But] this will not deter us from continuing the struggle and ensuring that justice is upheld," Nurul said when met outside the Federal Court after the judgment.

She said her mother, Keadilan President Dr Wan Azizah Wan Ismail, who was not present, was "very, very sad" on being told the decision.

Wan Azizah was unable to obtain a return flight from Australia due to the two-day notice for the appeal decision. She will be returning on Friday.

"We were aware that the decision would be as such. But then again this does not stop us from being very disappointed with the judges for not being able to stick to the conviction of principles," she added.

Asked about her father's appearance, Nurul said Anwar seemed weak. "He was in a lot of pain because he suffered an attack last Thursday on his left leg. I think it is because of a nerve and it is affecting his left leg.

"We are very concerned, as you know, because this is the last hope for him to at least get treatment on it.

"But it is expected after all. The system has not changed and we shall go on [with our struggle]," she added.

Questioned about Anwar's upcoming appeal against his nine-year sentence on sodomy charges, Nurul said, "Like it or not, so many injustices had been done that we somehow try our best to hope. At the end of the day, we have to be realistic and face obstacles."

Anwar's brother, Rusli, was also present for the judgment.

Royal pardon

According to defence lawyer Sankara Nair, Anwar had said he was "sure" that his appeal would be rejected after reading Internet news leading up to the judgment this morning.

"We are still reeling from shock," Sankara said when he met reporters outside the courtroom.

Asked why Anwar was allowed to read his reply statement in court, Sankara said after the injustice done to Anwar, "he has every right to say what he wants to say".

He added that Anwar had every right to question the judgment since he was advised by his lawyers that he stood a chance for success in the appeal case.

"Foreign governments have also said that he did not get a fair trial. Clearly, he has the right to say that judicial independence comes into serious question," he said.

Sankara said after this, only a pardon by the King can bring about Anwar's release.

"However, clemency of the King works through a pardons board which involves the attorney-general and the government. The King does not act on his own prerogative," he said.

The lawyer also said he received a letter two weeks ago from the court saying that a date will be fixed for Anwar's sodomy case appeal, although the actual date has yet to be determined.

"This (appeal submission) was from August 2000. We have had a two-year wait," he added.

When asked for his opinion on how political was the judgment, Sankara said his client felt that the judgment was "absolutely political".

'Disappointing'

Meanwhile, United Nations Special Rapporteur on the Independence of Judges and Lawyers Param Cumarasamy told the press that the decision of the judges was "disappointing".

"I had followed his (Anwar's) case for three years. He never had a fair trial by international standards," said Param when met earlier as he arrived at the Federal Court.

Param himself was hit by controversy in 1999 when he stated in his annual report to the UN on the state of judiciary in Malaysia that the "extremely powerful executive" had not acted with due regard for a free and democratic society based on the rule of law.

He also expressed concern as to the proper administration of justice in cases which are of particular interest to the government.

Former Lord President of the Supreme Court Salleh Abas who was also present at the court today said he was "disappointed but not surprised" by the decision.

In an exclusive interview with malaysiakini last month, Salleh, who is now the PAS state assembly representative for Jertih, Terengganu, had described the conduct of the prosecution and the trial judge S Augustine Paul as "shameful".

Salleh was sacked controversially in 1988 after a tribunal of judges found him 'guilty' of 'judicial misconduct'.

Met on leaving the court, DAP chairperson Lim Kit Siang said today is a "sad day" for Malaysians who had hoped to see the righting of wrongs and redressal of injustice for Anwar.

"The decision shows that Malaysia still has a long way to go to establish rule of law and a truly independent judiciary," said the veteran politician.

A three-member Federal Court panel comprising of Chief Justice Mohd Dzaiddin Abdullah, Chief Justice of Sabah and Sarawak Steve Shim and Federal Court judge Haidar Mohd Noor today unanimously dismissed ex-deputy premier Anwar Ibrahim's final appeal against his conviction and six-year sentencing for tampering with police investigation into allegations of sexual misconduct.


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