15 Jul DATO’ SERI ANWAR BIN IBRAHIM V PENDAKWA RAYA AND ANOTHER CRIMINAL APPEAL [2015] MLJU 34
Federal Court, Putrajaya
Parties to the Suit:
Appellant: Dato’ Seri Anwar bin Ibrahim
Respondent: Public Prosecutor
Case Type: Criminal Appeal
Relevant Provisions: Section 377B of the Penal Code
Overview of the Case
The case was a criminal appeal that drew immense public and political attention. It involved a charge of sodomy against Dato’ Seri Anwar bin Ibrahim, a prominent Malaysian political figure. The prosecution’s case was built on the testimony of a key witness and forensic evidence, including DNA found at the scene.
The High Court initially acquitted the appellant, finding that the integrity of the DNA samples had been compromised, which cast a reasonable doubt on the prosecution’s case. The judge also highlighted inconsistencies in the witness’s testimony and conduct.
The Court of Appeal overturned this decision, convicting the appellant and sentencing him to five years in prison. The appellate court took a different view on the DNA evidence, preferring the testimony of the chemists who conducted the analysis over the defence’s expert witnesses, whom it described as “armchair experts.”
The case was then appealed to the Federal Court, which had heard arguments on several key issues, including the credibility of the main witness and the reliability of the DNA evidence chain of custody. Ultimately, the Federal Court upheld the conviction, finding that the prosecution had proven its case beyond a reasonable doubt. The court accepted the credibility of the witness’s testimony and was satisfied with the integrity of the DNA evidence. The judgment cemented the conviction and the five-year prison sentence.