Wednesday, August 06, 2008

Not a bailable offence, says Anwar's lawyers

Sankara Nair…bail normally granted

PETALING JAYA, Aug 6 — Datuk Seri Anwar Ibrahim's campaign plans for the upcoming Permatang Pauh by-election, slated for Aug 26, may suffer a slight hiccup. His legal defence team, headed by Sulaiman Abdullah, is not certain that the veteran politician who is due to be charged for sodomy tomorrow morning will be able to obtain bail.

"It's a non-bailable offence but it is normally granted...except in the case of Anwar," added lawyer Sankara Nair on behalf of the rest of the legal team. He was referring to Sodomy I, when Anwar was denied bail for a similar charge in 1998.

However, Sankara did not immediately dismiss the possibility of bail. "So many sodomy cases go on in Malaysia. So many rape cases. So why should Anwar be denied bail?" he questioned.

He was reluctant to name the amount though, and said only that the amount for bail would depend on the court.

The team of lawyers, which also includes Parti Keadilan Rakyat (PKR) vice-president R. Sivarasa, and Saiful Izham, have been prepared to argue Anwar's case since July 28, Sankara said.

In the event bail is denied, the lawyers will immediately pursue an appeal. And if that should fail, Anwar may find himself back in Sungai Buloh prison, for a while at least.

While the exact nature of the charge is unclear, Sankara believes that the prosecution may choose to charge him under Section 377B of the Penal Code, which is sodomy by consent, rather than Section 377C, which is for sodomy without consent.

Sodomy, with or without consent, is illegal in Malaysia.

-TMI

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