Motion to censure Federal Court Judges in Sodomy II

"The court decision was not ordinary, is not supported by law and is perverse in its logic," the motion read.

KUALA LUMPUR: Pakatan Rakyat, the opposition alliance, has sent a motion on a five-man Federal Court bench to the Dewan Rakyat Speaker Pandikar Amin Mulia. The motion seeks to censure the Judges who on February 10 found no reason to interfere with an earlier Court of Appeal decision which set aside the acquittal by the High Court and sentenced Parliamentary Opposition Leader Anwar Ibrahim to five years in jail on a sodomy charge.

The motion was filed under Standing Orders 27 (3) and 36 (8), and also under Article 127 of the Federal Constitution, with the intention to “condemn the actions and conduct of the Federal Court judges”.

“The court decision was not ordinary, is not supported by law and is perverse in its logic,” the motion read.

The Bar Council, in an initial reaction, said Anwar was convicted of a victimless offence. In short, there’s no law for his offence. If there’s no law, there’s no crime.

The High Court found no evidence of penetration and dismissed the DNA evidence introduced by the prosecution as contaminated.

In the Federal Court, the prosecution alleged rape although the charge sheet read consensual sodomy.

Anwar has alleged a political conspiracy on the part of the Barisan Nasional (BN) ruling party in Putrajaya. His lawyers alleged that the “complainant” in the sodomy act, considered an accomplice by the Court, met with then Deputy Prime Minister Najib Abdul Razak and two others.

Anwar’s family has filed a Petition for Pardon, on his behalf, with the Agong on the grounds that he has been the victim of a “miscarriage of justice”. The Agong, based on the British model, can rectify errors in judgment. The Federal Court was the last stop for Anwar in Court. Now, the Agong remains his only hope to be freed of conviction and the jail sentence.

If the Petition fails, Anwar will be stripped of his Parliamentary Opposition Leader’s position and Permatang Pauh MP’s seat. A by-election will have to be called within 60 days.