Anwar automatically disqualified from contesting in Kajang

Opposition Leader Datuk Seri Anwar Ibrahim is automatically disqualified from contesting in the Kajang by-election following his sentencing after being found guilty of sodomy on Friday.

Lawyer Syahredzan Johan said this is in accordance with Article 64 (4) of the Selangor State Constitution which states that a person who is convicted of an offence and sentenced to imprisonment for not less than a year, or fined not less than RM2,000, cannot be elected into the state legislative assembly, even if an appeal is filed.

“Yes, Anwar can appeal this decision but it will not have any bearing to his disqualification from contesting in the Kajang by-election.

“However, he is not disqualified from his member of Parliament post in Permatang Pauh because Article 48(4)(b) of the Federal Constitution that states that a federal lawmaker keeps their seat within the period of fourteen days after the country’s top court disposes of the appeal,” he said.

Anwar was today sentenced to five years of jail after being found guilty of sodomising his former aide Mohd Saiful Bukhari Azlan in 2008.

According to a report in the Star Online, the court granted him a stay of execution of the sentence with a bail of RM10,000 in one surety and the court allowed Anwar to post bail by 11am on Monday.

Earlier, the court heard that the DNA profile of a third party was found in Mohd Saiful’s anus despite his claim of not being a homosexual.

The ruling was made by a three-man Court of Appeal panel was chaired by Justice Balia Yusof Wahi with Justices Aziah Ali and Mohd Zawawi Salleh.

The Malay Mail online reported that the trio unanimously decided that the High Court failed to “critically evaluate” the evidence submitted by government chemist Dr Seah Lay Hong.

On January 9, 2012, Anwar was acquitted of allegedly sodomising Mohd Saiful Bukhari Azlan at the Desa Damansara condominium on June 26, 2008.

High Court Datuk Mohd Zabidin Mohd Diah had acquitted Anwar on grounds that he could not rule out possible tampering of the DNA samples in the case.

The opposition leader was charged under Section 377B of the Penal Code and which carries a maximum of 20 years’ jail and whipping upon conviction.