It is up to the court to decide whether or not jailed former deputy prime minister Anwar Ibrahim ( photo ) will have to remain in prison until 2009 to serve his sentence for sodomy, said his lawyer Sankara Nair.

Sankara ( photo ) said while Anwar's supporters may be hopeful that the court would accept his application for bail pending his appeal, it is wrong for anyone to dismiss the possibility that his client may be freed o­n April 14 - the day when his six-year jail term for corruption ends, factoring in the o­ne-third remission for good behaviour.

Describing the statement by Prisons Department director-general Mustapa Osman that Anwar will not be released o­n April 14 as "improper", Sankara said Mustapa should have been aware that Anwar's appeal against the conviction for sodomy would be heard o­n March 24.

Bordering o­n contempt

Sankara said that, by innuendo, it appeared that the department has pre-determined the outcome of the hearing and the pending bail application.

The department ought not to have made the statement or should have qualified its statement, he told malaysiakini .

Yesterday, Mustapa was reported in the media as saying that the department's records show that although Anwar's jail term for corruption will end in April, the former politician would have to remain in prison until 2009 to serve out his conviction for sodomy.

The prison head said this when asked to clarify speculation about Anwar's possible release.

Sankara has also written a letter to Mustapa, seeking an explanation over the media reports.

"We note that your statements [in the press] borders o­n or is tantamount to contempt of court," said Sankara in the letter dated today.

He also urged Mustapa to restrain from making any further statements relating to Anwar's possible release.

Bail application

Sharing Sankara's sentiments, Anwar's wife Dr Wan Azizah Wan Ismail said the statement shows the department already knows that the court will reject Anwar's bail application and appeal.

Asked if she was confident that Anwar would be released o­n April 14, Wan Azizah said she preferred to remain silent until the court makes its decision.

"The lawyers have advised us that, normally, bail would be granted in such cases. After all, co-accused Sukma (Darmawan Sasmitaat Madja) was given bail. Surely Anwar who is ill and requires medical attention should be given the same consideration," she said.

As for the o­n-going "Free Anwar o­n April 14 campaign", she denied that Anwar supporters will be staging a demonstration outside the Kuala Lumpur court building o­n April 14.

"All I know is that there is going to be a welcome-home gathering should he (Anwar) be released that day," she said.