Anwar released on bond

UPDATE 2 (5:32 pm NZ time):

From Din Merican: Anwar was charged with having committed sodomy on Saiful under section 377B of the Penal Code on June 26 between 3.01pm and 4.30pm at Unit 11-5-1 Desa Damansara Condo in Bukit Damansara, Kuala Lumpur.

According to a lawyer, section 377B refers to consensual sex, not assault.

Moderator’s note: If it’s consensual sex, then shouldn’t Saiful be charged too? Maybe we have to wait a little while for Saiful to be charged?

_____________

UPDATE:
From Anil Netto:Reports of massive traffic jams around the court area. Hundreds of police in the vicinity of the court. Two hundred reformasi supporter also present.

Anwar pleaded not guilty and the Judge has agreed to release him on RM20,000 personal bond without surety at the Sessions Court this morning.

The mention has been fixed for 10 Sept – a week before the 16 Sept deadline!

___________________

Original posting August 6th, 5:41pm:
Anwar has been summoned to appear in Court tomorrow, August 7th.

Anwar’s birthday is on August 8th. This is something I read somewhere, some time ago. (Apparently it’s August 10th. Sorry for the mistake.)

Nomination date for the Permatang Pauh by-elections is August 16th.

Polling day for Permatang Pauh is August 26th.

This is going to be a busy month for Anwar Ibrahim.

It’s funny how the announcement of the nomination and polling dates for Permatang Pauh came hand-in-hand, almost, with the notice sent to Anwar Ibrahim summoning him to appear in Court tomorrow.

It made me ask myself this question, would Anwar still be eligible for nomination in Permatang Pauh? Looking into the Elections Commission website, this is what I found on the eligibility of a candidate:

In the Malaysian system of elections, a candidate contesting can either represent a party or stand as an independent candidate. He is qualified to be a candidate in any election if he fulfills the following:
i) he is a Malaysian citizen and a resident of the country;
ii) he must not be less than 21 years of age on nomination day; and
iii) he must be a resident of the State if contesting a state seat.

A candidate will be disqualified if he :
i) has been found or declared to be of unsound mind; or
ii) found to be an undischarged bankrupt; or
iii) holding an “office of profit”; or
iv) failed to lodge any return of election expenses; or
v) has been convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term not less than 1 year or to a fine of not less than RM2000 and has not received a free pardon; or
vi) has obtained a foreign citizenship.

So. Anwar will be eligible for nomination if he has yet to be convicted of any crime, sodomy in this case, come August 16. But say IF he gets convicted AFTER Aug 16, but before Aug 26, then what happens?

In the case of a member of Hindraf being detained under the ISA, and yet winning in his seat in the last General Elections, I’m assuming that he still has his seat, and was eligible to be voted on, because he was detained under the ISA, and never convicted or charged of anything to date.

That situation is considerably different from the one Anwar is facing at this moment, because Anwar’s case has been investigated for a whole month now, and they will be charging him under Section 377C tomorrow.

I’m ASSUMING that Anwar’s case will not be heard any time before the polling day in Permatang Pauh. And even if it’s heard, I doubt there would be a verdict before the important day for Permatang Pauh.

So IF Anwar gets convicted AFTER he has become MP for Permatang Pauh, then the seat will be empty again, and there will be another by-election? Wan Azizah for the seat again? .. Perhaps I’m looking too far. Possibly in the wrong direction too. I’m no good at predicting the future.

But anyway, if they’re going to be charging Anwar tomorrow, then Anwar should be getting the copy of Saiful’s police report made against him. Or at least, that’s what I understand from what the police said before this.

I wonder if anyone will be posting a copy of the police report on the Internet?


14 Comments on “Anwar released on bond”

  1. James Tan says:

    I think they will do anything to disqualify him. Probably they will detain him and refuse him his right to sign the nomination form. Sucks!

  2. Scott Thong says:

    Hi Su! Totally off topic, but thought you’d enjoy these:

    Strawhat Pirates Personal Jolly Rogers

  3. warrior2 says:

    That hindraf guy was in detention when the GE was conducted and he was a calun and won, so non issue!

    If he is charged in court and dont or get (receive) bail (sodomy is actually a non bailable charge if I am not mistaken), it is a non issue as far as him being able to contest. The issue is how is it that he gets to be bailed out?

    The case wont be setlled by 26 August – no issue

    Lets give the system a go and see all the evidence and arguaments.
    _______
    Read on Imtiaz’ blog once that sodomy as an offense is bailable.

    As for the system, like what you said, let’s see the evidence, and both sides of the argument. I’m all for a fair trial.

  4. warrior2 says:

    Pls corret me if I am wrong, sodomy is a non bailable offence. Even the STAR today (7/8/08).
    The question is, do we the general public, supports a person accused of sodomy to be given bail because it is SOEMHOW still possible (discreation of the judge)?
    Future cases akan jadi susah for judges concern!
    ________
    I’ve read too that sodomy is non-bailable. Perhaps I read it wrong the last time.

  5. KevinP says:

    Permatang Pauh will go on. Anwar will contest. There is no way they can complete the hearing of this case by then. They can only make it difficult for him to focus on it. One of the ways was to detain him and make his case unbailable hence he will not be able to campaign, that is why he postulated the fact that he may have to contest the seat behind bars if he has to.

    For the record, there are only two sort of crime charge that is not bailable. Murder and sodomy.

    Hindraf fler was only detained under ISA. He was not charged and convicted in the court of law hence he is able to contest. Way back in the 80s, DAP has a couple that contest from behind the walls of Kamunting and won. Chan Kok Kit was one of them. Key word is convicted.

  6. angrymalaysian says:

    The judge uses his discretion (upon agreement by prosecutors in chamber) not to hold Anwar.

    This is such an unfair treatment of our legal preceding JUST SO THAT MALAYSIA CAN ACCOMMODATE ANWAR!

    They even put up the hearing date in September so that Anwar can has his chance contesting PP election!

    I personally think this is too much a pampered and liberty and privileged given to a person charged under a very serious offense!

    The court and govt are doing this to avoid any wrong perception by the public. But why?!!

    Anwar should be treated like any other M’sian! And yet we are still calling shits about the govt and all hurrahs to Anwar.

    What a crap!!!

  7. shobhan says:

    Angrymalaysian what are you angry about? You seem to be gibberish.

  8. warrior2 says:

    He is angry with the system in that anwar was given so many leeway and preferential treatment. If it had been another person, that person would be in a lockup!

    Thats precisely my question in my earlier posting. Why can he and why not others?
    BTW I wacthed TV3 news at 130 pm and the lead councel told the judge that anwar should be allowed bail because he has cooperated in the investigation and that he is going to be a candidate for the by election.

    When I look back at the historical facts,Anwar had to be dragged to the Police HQ and that the HINDRAF contested and won his seat from behind detention. After the bail, another legal councel told the media that the bail was FAIR for this case!

    Hmmmmm

  9. bisu says:

    Criminal cases triable by the High Court like murder and drug trafficking are NOT bailable. Accuseds will be remanded in custody.

    Other crimes triable by the lower courts (sessions and magistrate’s courts) are either bailable or NON-bailable. For NON-bailable offences, accused will be remanded either on bail or in custody. Therefore, anwar can apply to be remanded on bail if it is not objected to by the prosecution. Even if the prosecution objected, the court have a discretion to remand him on bail (release him on bail)on certain conditions.

    Consent is not a factor/element in a charge of sodomy. Anybody who engages in the act commits an offence. On that basis, saiful could also be an offender and charged. But since saiful was the one who filed a report against anwar, he becomes the witness against anwar. It remains to be seen whether the act was done with or without saiful’s consent.

    If in the trial it is shown that saiful consented to the act, then he is an accomplice and the weight of his evidence would be similar to azizan in ‘sodomy I’ and the court don’t have to accept his evidence.

    On the other hand, if it is shown that saiful did not consent to the act, he is a victim and his evidence, if found to be credible by the judge can be accepted.

    Lets wait for the trial to begin and the story to unfold.
    ___________
    Thanks for the info.

  10. Borneo says:

    Wow!! “section 377B”. Saiful, I don’t think they had promised you this??? You were never asaulted but SUKA SAMA SUKA with Anwar.that is what it is saying..Hahaha….they are not only charging Anwar….hahaha…. Your deserves it!

  11. warrior2 says:

    On another related matter, Anwar and co had repeatedly complained that up till this yesterday, they were never presented with the police report of saiful although it was explained that the report is only accessible by him when he is charged. But till yesterday he kept harping on it and question why he hasnt got a copy.

    Now if it is true, why dont his lawyers tell him so?

  12. ibat says:

    Mr Saiful when to see doctor osman puswari hospital to complain he was sodomised (assaulted). Now apparently the charge against anwar is consentual sodomy!! I am sure this is not what saiful had bargained for – being engaged to a woman and all that, he is now officially a gay or bisexual!!!! Come step in my pink mary jane what say you?

  13. Edi神 says:

    She makes a huge different by doing wat is right!

    Judge Komathy courage is admirelable.

    Her action shows that we can make a difference by doing our job right!

    Judge Komathy… Salute Salute Salute.

  14. warrior2 says:

    Alas, when an authority does something which is seen to benefit anwar, he/she is congratulated just like edi here and one of the counsel for anwar who commneted that it was a fair decision BUT when the decision/action is not in his favour, the aouthority is lambasted and accused of not being fair. Hmmmm

    When something is won, the system is fair and democracy is alive, when somethign is lost, the system is corrupted and there is conspiracy. Hmmmm

    Damm if you do and damn if you dont! Hmmm


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