The appeal cannot reverse the finding of facts by the High Court Judge that had returned a judgment of acquittal and discharge of Anwar from the charge of sodomy. And should Court of Appeal upon technicalities reverse the acquittal’s verdict then it would indeed be seened as giving in to the concern of various UMNO personalities including Tun M that an unconvicted Anwar would be dangerous to their plan to wrestle power and maintain UMNO’s grip on PutraJaya come GE13. Legally the Court of Appeal can do that. If Sodomy I can be any guidance we saw how justice in Malaysia works, and such could be applied again in the appeal of Sodomy II. Another of the guidances from Sodomy I that is worth a revisit is the fact that those peoples involved in arriving at convicting Anwar or in finding him guilty in both corruption and Sodomy I cases have all gone, rather unceremoniously. And take note of the fact that those judges whose services were terminated by Tun M to showcase penalty for not obeying political directive as a direct threat to judges who would be “free” to make judgment in high profile cases in which BN leaders are involved, they have been given a reprieve by the government of Abdullah Badawi who saw it fit to give them the perks and benefits deserving of them. In this picture it could be surmised that should the Court of Appeal were to follow the finger direction by Najib and convit Anwar upon technicalities, the next government will cause the case to be reopened, and it would surely be pronounced then that all along there had never been any incriminating and corroboratively but independent evidences even to establish prima facie case and to call for his defence, let alone to convict Anwar on the charges of sodomy II. And Anwar will be, as he is entitled, claiming for damages, cost and for his losses over the years of his malicous prosecution. Najib will have shit on his face for good measure.
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