Anwar, Sukma file fresh bail applications
Jailed ex-deputy prime minister Anwar Ibrahim today filed a formal application at the Court of Appeal registry seeking bail and a stay of execution on his nine-year jail sentence for a sodomy offence.
Anwar's co-accused Sukma Darmawan Sasmitaat Madja - who was also found guilty of sodomy and abetting the ex-deputy premier - also filed a similar application.
Sukma, an Indonesian national, was sentenced to six years imprisonment and four strokes of the rotan.
The applications were filed at the court registry in Kuala Lumpur this afternoon by lawyers Karpal Singh, Sankara Nair, who represented Anwar, and Gobind Singh Deo, who represented Sukma.
The applications were filed following the direction made by the Court of Appeal last Friday who rejected to hear their oral applications for bail and stay of execution.
The two had sought for bail and stay of execution after justices Pajan Singh Gill, Richard Malanjum and Hashim Mohd Yusof dismissed their appeals against their convictions.
Refusing Anwar's application for bail, the court also revoked Sukma's RM50,000 bail and ordered him to serve his sentence with immediate effect.
Novel points
On Aug 8, 2000, High Court judge Arifin Jaka (
photo
) found Anwar guilty of sodomising Azizan Abu Bakar, the former driver of Anwar's wife and Keadilan president Dr Wan Azizah Wan Ismail.
He also found Sukma guilty of sodomising Azizan and abetting Anwar but had allowed the former bail and stay of execution pending appeal.
In his application, Anwar stated that he should not be made to serve his sodomy sentence since there was a probability that the Court of Appeal decision on Friday would be overturned by the Federal Court.
"There are novel points of law involved in my appeal to the Federal Court, points of law which will, in all probability, be sustained in my favour," he said.
The 56-year-old former deputy premier, who is suffering from a prolapsed disc, also urged the court to consider his health condition.
Anwar said his appeal would take a considerable time to be disposed of since the Court of Appeal has yet to even release a written judgment. Hence, his continued imprisonment would be unfair, he said.
"I respectfully state that I have been in incarceration since my arrest in 1998 until April 14, 2003 which is still continuing although my guilt is yet to be established finally beyond reasonable doubt."
On April 14, 2003 Anwar completed his six-year jail sentence for corruption. While the conviction and sentence were affirmed by the Federal Court, Anwar had sought the decision to be reviewed by another panel of judges of the same rank.
His failure to set aside his sodomy conviction meant that Anwar is now expected to spend at least another six years in prison. While his sodomy jail sentence is nine years, prisoners get a standard one-third remission for good behaviour.
In view of this, Anwar will be freed on April 14, 2009, at the age of 62.
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