Anwar's guilty verdict upheld, unanimous decision
updated version
The three-member Federal Court panel today unanimously dismissed ex-deputy premier Anwar Ibrahim's final appeal against his conviction and six years sentence for tampering with police investigation into allegations of sexual misconduct.
In an immediate response, a wheelchair-bound Anwar told the court that the decision was a "horrendous betrayal of the public confidence in the judiciary".
Proceedings started at 10am with Chief Justice Mohamed Dzaiddin Abdullah appearing in the courtroom with Chief Judge of Sabah and Sarawak Steve Shim and Federal Court judge Haidar Mohd Noor.
He pronounced the judgment without reading the full written decisions.
Haidar had a 60-page written judgment focused on the arguments and reasons to uphold the conviction given by High Court judge S Augustine Paul on April 14, 1999, while Dzaiddin's five-page judgment discussed the issue of sentence.
"We have considered all complaints made by the appellant, in particular the question of unfairness of the trial judge throughout the proceeding.
"Suffice for me to state here that after reading and studying the grounds of judgments of the courts below, we are satisfied that the errors of law complained have not occasioned any substantial miscarriage of justice," Dzaiddin said.
He also said that the court saw no reason to interfere with Paul's decision to sentence Anwar to six years jail which he said "was not excessively excessive".
Judicial discretion
As to Paul's order that the sentence was to be served from the date of judgment, Dzaiddin said this was an exercise of his judicial discretion vested in him by the law and it should not be disturbed.
In subsequently addressing the court, Anwar condemned Dzaiddin for his "charade of impartiality" and dashing the hopes of the rakyat to see the judiciary rise again.
He described the judgment as "a self-indictment by the highest court of the nation", "a blatant betrayal of the people's trust" and "a perversion of the rule of law".
In response, Dzaiddin who appeared calm despite the unsuccessful attempt to cut short Anwar's statement, said the court will consider his (Anwar's) statements and urged him to read the written judgments.
The entire proceeding took less than 20 minute at the end of which the public in the gallery refused to stand up, the common practice as a mark of respect for judges when a proceeding ends.
As Dzaiddin and the other two judges stood to leave and the court was asked to rise, a man seated far behind in the public gallery suddenly shouted: "Tak payah bangun untuk hakim macam ini!" (Don't have to stand for a judge like this).
Turning to the press surrounding him at the dock, Anwar said he had expected the decision by a judiciary which was under the control of Mahathir (Prime Minister Dr Mahathir Mohamad).
"Dr Mahathir has no guts to face me. He does not have any courage because he muzzles the media and the police. He should make a stand. Don't use last year's Sept 11 attacks on the US as a tool to continue oppressing the people," he said.
Always an optimist
On whether he considers his future as being further dimmed by today's decision, Anwar said that he has always been an optimist.
Asked if he plans to seek a pardon from the Yang di-Pertuan Agong, he replied: "I don't think so. I have yet to seek my counsel's advice on the next step. But the King is advised by the prime minister who gets his advice from the attorney general!"
A few minutes of silence were observed as one Anwar supporter recited some prayers, after which the public was told to leave the courtroom.
Anwar's eldest daughter Nurul Izzah, although eyes all red and teary, managed to remain calm.
She was heard telling friends and relatives that she had expected a decision denying her father the justice he deserved. Her sentiments were shared by other close relatives.
One of Anwar's lawyers, Karpal Singh, said that today's decision had contradicted the one made in the Zainur Zakaria appeal (against a conviction for contempt of court) in which Paul's conduct as a judge was questioned by the Federal Court.
Re-trial warranted
"In that judgment, a federal court judgment had even said that he had acted like a prosecutor. His conduct as the trial judge was questioned. That fact alone should have at least warranted a re-trial if not an acquittal," he said.
He said the court should have at least found Paul's order, that is to have the sentence start from the date of judgment, as irregular.
Another of Anwar's lawyer, Sankara Nair, said that the judgment was "tragic, shocking and most disappointing".
"We went on the basis of putting forward strong arguments on the conduct of the judges whose unfairness was stark and staring at our faces. And yet the highest court in the land did not see that these had caused a miscarriage of justice," he said.
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