KUALA LUMPUR, Aug 7 (Bernama) -- Datuk Seri Anwar Ibrahim today walked out of a court on RM20, 000 personal bond without surety after he pleaded not guilty to a charge of sodomising his former aide Mohamad Saiful Bukhari Azlan.
The Parti Keadilan Rakyat (PKR) advisor was charged under Section 377B of the Penal Code which under ordinary circumstances, an accused will not be allowed bail.
Sessions Court Judge S.M. Komathy Suppiah said that it was an elementary provision in criminal justice that a man was innocent until proven guilty and that bail was given to secure a man's attendance.
However, she said: "I don't think there is any likehood of Anwar absconding. Therefore, I am granting that you be released on personal bond of RM20, 000 with no surety."
Earlier, Solicitor-General Datuk Idrus Harun who was leading the prosecution team, told the court that they would not object if Anwar was to be allowed bail but asked the amount to be set at RM20, 000 with one surety and Anwar's international passport to be impounded.
He said the charge faced by Anwar was serious and that it was non-bailable but under the law, the court could exercise its discretion to allow bail.
Lead defence counsel Sulaiman Abdullah said the judge could use her discretion under Section 388(2) of the Criminal Procedure Code to release his client on personal bond without imposing any fixed sum.
It was totally inconceivable that Anwar would not turn up in court and tamper with the witnesses, he said.
Moreover, Anwar would also contest in the upcoming Permatang Pauh by-election where there was a strong possibility that he be elected Member of Parliament, he said.
"With his long service to the country and his public standing in the government and also his cooperation with the police and authorities during the investigation of the current sodomy allegation, there was no likelihood of him absconding," Sulaiman said and urged the court to strongly exercise her discretion to eliminate any traces of a political trial.
"Really, there is no reason in law why the court should not exercise its discretion, although it may be rare, but of course, the second and third time, it was an ideal case to grant personal bond," he said.
He also said Anwar did not have any problem to surrender his passport to the court but he would request for the travel document to be given back to him temporarily if Anwar was required to go overseas.
In support of the request for the court not to impose any fixed sum of bail, he said it was a needlessly an insult to Anwar as there was no evidence of the possibility of Anwar failing to answer to the charge.
Before delivering her decision on bail, Komathy asked Brickfields district police CID chief DSP Jude Pereira whether Anwar gave full cooperation to the police during the investigation. The police officer replied: "Yes, he has".
Anwar who turns 61 on Sunday and is expected to stand in the Permatang Pauh by-election on Aug 26, was charged with sodomising Saiful, 23, between 3.01pm and 4.30pm on June 26 at Unit 11-5-1 Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara here.
The offence of carnal intercourse against the order of nature under Section 377B of the Penal Code carries up to 20 years imprisonment and whipping on conviction.
After the court interpreter read out the charge to him and asked for his plea, Anwar said: "This is malicious and treacherous defamation. I am not guilty."
Idrus was assisted by Prosecution Unit Head Datuk Mohd Yusof Zainal Abiden and deputy public prosecutors Mohamed Hanafiah Zakaria and Shamsul Sulaiman.
Anwar was represented by nine lawyers -- Sulaiman, R. Sivarasa, Leela Jeyamani Jesuthasan, S.N. Nair, Edmund Bon Tai Soon, Saiful Izham Ramli, Amer Hamzah Arshad, Latheefa Beebi Koya and Mohd Radzlan Jalaludin.
Counsel acting for Bar Council were Rajpal Singh and George Varughese while Zamri Idrus held the watching brief for Saiful the victim.
Also present were lawyers representing International Federation for Human Rights, Forum Asia and Human Rights Watch -- A. Sahadeva, Chan Weng Keng, Ann Chuah Siew Fan and Seira Sache.
The 24-minute proceedings went on smoothly despite many supporters gathering at the court compound to wait for Anwar's arrival 25 minutes before the court convened at 10.11am.
Anwar was accompanied by PKR president Datuk Seri Dr Wan Azizah Wan Ismail who vacated her parliamentary seat so that her husband could contest in the by-election and their daughter Nurul Izzah who is Member of Parliament for Lembah Pantai.
Present were Penang Chief Minister Lim Guan Eng, PKR information chief Tian Chua, PKR Youth head Shamsul Iskandar Mohd Akil, DAP chairman Karpal Singh, DAP advisor Lim Kit Siang, PKR deputy president Dr Syed Husin Ali and Pas vice president Datuk Husam Musa.
Speaking to reporters later, Anwar said he had signed the bond.
"It doesn't involve monetary sources or funds and my passport is still with me," he said before leaving the court complex on Jalan Duta at 11.37am.
Nair said judge Komathy had exercised her discretion fairly and without fear when she freed Anwar on personal bond.
Police began investigating the case after Saiful lodged a police report on June 28 claiming that Anwar had sodomised him.
Anwar had vehemently denied the accusation and considered it a political conspiracy. He was picked up by police on July 16 in front of his house in Bukit Segambut and released on police bail a day later.
Yesterday, he was subpoenaed to attend today's court proceedings.
This is not the first time Anwar is facing a sodomy charge. In 1998, he was alleged to have sodomised Dr Wan Azizah's driver, Azizan Abu Bakar, for which the High Court in 2000 found him guilty and sentenced him to nine years in jail.
Anwar was freed on Sept 2004 after spending almost six years behind bars following the Federal Court's 2-1 decision to set aside the sodomy conviction and jail term.
In summarising their judgment to overturn that sodomy conviction, the Federal Court judges said: "eventhough reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved that the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law".
-- BERNAMA I can feel that Malaysian are uniting against the Evil Forces, Judge Komathy action of granting DSAI bail was extraordinary action in an ordinary way. When We Rakyat feel justices are becoming the playground of UMNO, Judge Komathy give us glimpse of hope. I believe everyone can become a hero by doing their job properly! Not forgetting Our Lost Hero, PI Bala & Dr. Osman! Not everyone have the courage of RPK... We can make a difference by just doing the right thing!
The Parti Keadilan Rakyat (PKR) advisor was charged under Section 377B of the Penal Code which under ordinary circumstances, an accused will not be allowed bail.
Sessions Court Judge S.M. Komathy Suppiah said that it was an elementary provision in criminal justice that a man was innocent until proven guilty and that bail was given to secure a man's attendance.
However, she said: "I don't think there is any likehood of Anwar absconding. Therefore, I am granting that you be released on personal bond of RM20, 000 with no surety."
Earlier, Solicitor-General Datuk Idrus Harun who was leading the prosecution team, told the court that they would not object if Anwar was to be allowed bail but asked the amount to be set at RM20, 000 with one surety and Anwar's international passport to be impounded.
He said the charge faced by Anwar was serious and that it was non-bailable but under the law, the court could exercise its discretion to allow bail.
Lead defence counsel Sulaiman Abdullah said the judge could use her discretion under Section 388(2) of the Criminal Procedure Code to release his client on personal bond without imposing any fixed sum.
It was totally inconceivable that Anwar would not turn up in court and tamper with the witnesses, he said.
Moreover, Anwar would also contest in the upcoming Permatang Pauh by-election where there was a strong possibility that he be elected Member of Parliament, he said.
"With his long service to the country and his public standing in the government and also his cooperation with the police and authorities during the investigation of the current sodomy allegation, there was no likelihood of him absconding," Sulaiman said and urged the court to strongly exercise her discretion to eliminate any traces of a political trial.
"Really, there is no reason in law why the court should not exercise its discretion, although it may be rare, but of course, the second and third time, it was an ideal case to grant personal bond," he said.
He also said Anwar did not have any problem to surrender his passport to the court but he would request for the travel document to be given back to him temporarily if Anwar was required to go overseas.
In support of the request for the court not to impose any fixed sum of bail, he said it was a needlessly an insult to Anwar as there was no evidence of the possibility of Anwar failing to answer to the charge.
Before delivering her decision on bail, Komathy asked Brickfields district police CID chief DSP Jude Pereira whether Anwar gave full cooperation to the police during the investigation. The police officer replied: "Yes, he has".
Anwar who turns 61 on Sunday and is expected to stand in the Permatang Pauh by-election on Aug 26, was charged with sodomising Saiful, 23, between 3.01pm and 4.30pm on June 26 at Unit 11-5-1 Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara here.
The offence of carnal intercourse against the order of nature under Section 377B of the Penal Code carries up to 20 years imprisonment and whipping on conviction.
After the court interpreter read out the charge to him and asked for his plea, Anwar said: "This is malicious and treacherous defamation. I am not guilty."
Idrus was assisted by Prosecution Unit Head Datuk Mohd Yusof Zainal Abiden and deputy public prosecutors Mohamed Hanafiah Zakaria and Shamsul Sulaiman.
Anwar was represented by nine lawyers -- Sulaiman, R. Sivarasa, Leela Jeyamani Jesuthasan, S.N. Nair, Edmund Bon Tai Soon, Saiful Izham Ramli, Amer Hamzah Arshad, Latheefa Beebi Koya and Mohd Radzlan Jalaludin.
Counsel acting for Bar Council were Rajpal Singh and George Varughese while Zamri Idrus held the watching brief for Saiful the victim.
Also present were lawyers representing International Federation for Human Rights, Forum Asia and Human Rights Watch -- A. Sahadeva, Chan Weng Keng, Ann Chuah Siew Fan and Seira Sache.
The 24-minute proceedings went on smoothly despite many supporters gathering at the court compound to wait for Anwar's arrival 25 minutes before the court convened at 10.11am.
Anwar was accompanied by PKR president Datuk Seri Dr Wan Azizah Wan Ismail who vacated her parliamentary seat so that her husband could contest in the by-election and their daughter Nurul Izzah who is Member of Parliament for Lembah Pantai.
Present were Penang Chief Minister Lim Guan Eng, PKR information chief Tian Chua, PKR Youth head Shamsul Iskandar Mohd Akil, DAP chairman Karpal Singh, DAP advisor Lim Kit Siang, PKR deputy president Dr Syed Husin Ali and Pas vice president Datuk Husam Musa.
Speaking to reporters later, Anwar said he had signed the bond.
"It doesn't involve monetary sources or funds and my passport is still with me," he said before leaving the court complex on Jalan Duta at 11.37am.
Nair said judge Komathy had exercised her discretion fairly and without fear when she freed Anwar on personal bond.
Police began investigating the case after Saiful lodged a police report on June 28 claiming that Anwar had sodomised him.
Anwar had vehemently denied the accusation and considered it a political conspiracy. He was picked up by police on July 16 in front of his house in Bukit Segambut and released on police bail a day later.
Yesterday, he was subpoenaed to attend today's court proceedings.
This is not the first time Anwar is facing a sodomy charge. In 1998, he was alleged to have sodomised Dr Wan Azizah's driver, Azizan Abu Bakar, for which the High Court in 2000 found him guilty and sentenced him to nine years in jail.
Anwar was freed on Sept 2004 after spending almost six years behind bars following the Federal Court's 2-1 decision to set aside the sodomy conviction and jail term.
In summarising their judgment to overturn that sodomy conviction, the Federal Court judges said: "eventhough reading the appeal record, we find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen, sometime, this court, as a court of law, may only convict the appellants if the prosecution has successfully proved that the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law".
-- BERNAMA I can feel that Malaysian are uniting against the Evil Forces, Judge Komathy action of granting DSAI bail was extraordinary action in an ordinary way. When We Rakyat feel justices are becoming the playground of UMNO, Judge Komathy give us glimpse of hope. I believe everyone can become a hero by doing their job properly! Not forgetting Our Lost Hero, PI Bala & Dr. Osman! Not everyone have the courage of RPK... We can make a difference by just doing the right thing!
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