As the question of whether the Attorney-General's Chambers will appeal the Sodomy II verdict or not hangs over the nation, complainant Mohd Saiful Bukhari Azlan has made a passionate plea for an appeal.

NONE With the prosecution having until Wednesday, Jan 25, to lodge the appeal, Saiful ( left ) in a last-ditch effort wrote to attorney-general Abdul Gani Patail to appeal to preserve his dignity and honour.

Saiful told his blog followers late yesterday evening that he had, through legal firm Zamri Idrus & Co, written to Gani to Appeal Anwar Ibrahim's acquittal in the Court of Appeal.

"I have to sent an official letter as there is no feedback for his open application to file the appeal. Time is winding down.

"The appeal is important as it involves my honour and dignity, and also my future. If I can file the appeal myself, I would have done so, without burdening others."

However, Saiful notes the power to file an appeal only lies with the attorney-general.

"I am merely seeking my right as a Malaysian citizen, as stipulated in the federal constitution, that justice be heard on any complaint until the highest court in the land.

"I pray that the attorney-general will consider my application," he says in the posting.

He ends the posting by thanking his family and friends for supporting him.

Yesterday, his father Azlan Md Lazim had appealed to the AG's Chambers to file the appeal.

With 14 days for the deadline, there is mounting speculation that it may not happen.

'Appeal may not be filed'

In Saiful's case, retiring solicitor-general II Mohd Yusof Zainal Abiden, who headed the prosecution team, did recommend that an appeal be filed.

NONE Yesterday, the Appeals and Trial division head in the AG's Chambers, Kamaluddin Md Said, told Malaysiakini that no decision had been made yet on whether to appeal.

Anwar, the PKR de facto leader, held a thanksgiving prayer last night  in an atmosphere of uncertainty that he would be let off the hook because of the status of the appeal.

Asked for his opinion, criminal lawyer Baljit Singh Sidhu said there is due process in the legal system, where both parties are given equal footing.

"Just like Anwar has a right to appeal if he had lost the case, the prosecution has the similar right.

"In this case, the AG would be the best person to decide as he has tremendous powers under Article 145 of the federal constitution. Needless, to say it is up to his discretion and this discretion must be exercised properly."

Baljit said Saiful could not file the appeal on his own as the offence allegedly committed was "against the state", not against an individual, and therefore any appeal was at the AG's discretion.

NONE From the outset, Baljit ( right ), a law lecturer as well and author of the book Criminal Litigation Process, said the prosecution had been confident in pursuing the case against Anwar.

"Anwar also in his unsworn testimony stated that there was a plot or political conspiracy against him, and that if there was no appeal, it would clearly prove his point in clear terms.

"Be that it may, this case will have an interesting development in law and a precedent for other cases. My fear is that tough cases like this would make a bad precedent," he said.

As this also a high profile case, Baljit added, there were also several precedents set, especially on the prosecution's refusal to pass over evidence and documents to the defence.

It created bad implications for other cases, and set an unusual precedent despite the Criminal Procedure Code having been amended to grant the defence access to vital documents or evidence before the start of a trial.

Related stories

AG's Chambers files appeal against sodomy verdict

'Sodomy appeal based on evidence, law'

Anwar will review 'archaic' Section 377 if he's PM

Anwar sues Utusan for RM150mil