Bar Council president Christopher Leong's criticism of the sodomy conviction against Datuk Seri Anwar Ibrahim last week has left a sour note among several Bar members.
Questions have been raised on how Leong, as Bar president, could have misrepresented the law and case facts when he questioned why Mohd Saiful, as the complainant in the sodomy case, was not charged with abetment.
Below is the full statement from the lawyers:
Call for Resignation and Censure of the President of the Malaysian Bar for Misleading the Public – Lukman Sheriff Alias and Azril Mohd Amin
The first thing that came to mind when we read the press release of the Malaysian Bar issued on February 11th, 2015, by its President, Christopher Leong on Dato Seri Anwar Ibrahim’s conviction, was the President misrepresenting the law and facts on the case. We were in utter disbelief on how a President who is supposed to represent the learned members of the Bar could have arrived at such misleading position. Indeed, as Leong himself put it, “it is a strange world that we live in.”
Any lay person who has read the relevant Penal Code provisions and the press summary of the judgment would surely have concluded that there can be no interpretation under Sections 377A and 377B of the Code other than the position of Mohd Saiful Bukhari Azlan as a victim and nothing other than that.
Contrary to popular belief, sections 377A and 377B, strictly speaking, do not make being a homosexual or even engaging in a homosexual relationship per se an offence; rather, it makes it a crime for a man to insert his manhood into the anus of another, be the person a man or woman, young or old, with or without consent. A call to charge a victim of a sexual crime, with or without consent, for abetting in a crime where he or she is a victim, such as suggested by the President of the Malaysian Bar, is simply preposterous to say the least, and would set an extremely dangerous precedent for all sex crimes. Leong should have known that this is not a tenable position in law. Yet he issued the following misleading statement:
"This has also given rise to questions or concerns as to why the complainant, Mohd Saiful Bukhari Azlan, who was alleged to have been a participant in the act of sodomy, was not charged for abetment under sections 377A and 377B, read together with section 109, of the Penal Code."
One would have thought that it is the duty of the Malaysian Bar to clarify such misconceptions whenever they occur in the public sphere. While judgments handed down by the court of law should and have always been open to debate, the Bar must also be mindful of its duty to protect the judiciary against unfair and scurrilous attacks. In fact, Section 42 of the Legal Profession Act 1976 specifically spells out that one of the objects of the Malaysian Bar is to protect “the administration of justice in Malaysia from being brought into hatred or contempt.”
Instead of abiding by its statutory duty, the president of the Malaysian Bar had instead chose to give credence to such misconceptions, and worst still, participate in their spread, thus contributing to the tainting of the judiciary. In such circumstances, not only is the Bar in dereliction of its duty to defend the judiciary, but the Bar had also embarrassed the courts, by putting the whole case under an erroneous, misconstrued and misconceived contextual light, and by fueling the "perception that Dato’ Seri Anwar Ibrahim has been persecuted, and not prosecuted."
It is pertinent to point out that the Bar has also failed to highlight that there are hundreds of other prior cases that were brought before the courts, where the accused were charged and tried pursuant to section 377B of the Penal Code. There was even a case initiated prior to Anwar’s conviction, (Abd Rahim bin Abd Rahaman v PP), where the court imposed a sentence of more than 5 years for a similar offence. Silence on these important facts on the part of the Bar created the impression of selective prosecution under the so-called provision that Leong has alleged to have been “rarely … used,” although the truth is that it is not at all rarely invoked.
Leong’s outrageous statement has clearly misled the public. Failing to explain and clarify the law and relevant facts is one thing, but to misrepresent them is another, which is simply appalling. As members of the Bar ourselves, we call upon him to rectify the misleading statement and tender a public apology as well as to clarify with all international bodies and entities, with which the image of our judiciary and its administration of justice has been tainted. Failing this, we call for his resignation and public censure as the President of the Malaysian Bar.
------------------------------------------------------------------------------------------------------------------------------------------
*Lukman Sheriff Alias and Azril Mohd Amin are lawyers practising in Kuala Lumpur and members of the Bar.
**The views and opinions expressed in this article are those of the author and do not necessarily reflect the position of Astro AWANI.
Astro Awani
Wed Feb 18 2015

As Bar president, Leong (pic) is supposed to represent the learned members of the Bar and not misrepresent the law and case facts.

Astronomers reveal 3D structure of an alien planet's atmosphere
Astronomers find three layers on a scorching gas planet orbiting a star larger and hotter than the sun.

Public flips car involved in road accident to rescue child
According to JBPM, members of the public at the scene took initial action to rescue the victim before the fire brigade arrived.

Ramsay reveals hundreds of lucky cat statues stolen from new restaurant
Gordon Ramsay says about 477 Japanese cat models called maneki-neko were stolen from his Lucky Cat 22 Bishopsgate restaurant.

Zayn Rayyan case: Two child witnesses complete testimony today
So far, 20 prosecution witnesses, including the two children, have been called for this trial, according to the Deputy Public Prosecutor.

Macron says he will tell Trump not to be weak with Putin in Washington visit
Emmanuel Macron says showing any weakness to Russia's Vladimir Putin would make it harder to deal with China and Iran.

Israeli PM Netanyahu says Hamas will pay for not returning Shiri Bibas
Netanyahu accuse Hamas of acting "in an unspeakably cynical manner" by placing body of a Gaza woman in the coffin instead of Shiri Bibas.

Trump pulls US out of key global climate assessment, sources say
The US is a co-chair along with Malaysia of a working group on climate mitigation, or ways to reduce greenhouse gas emissions.

Japan to court Tesla on Nissan investment, FT reports
The group hopes Tesla will invest strategically, believing it's interested in acquiring Nissan's US plants, the report says.

185 children linked to GISB handed over to families - Exco
The children have been handed over to their families on bond with conditions by the court.

IRS fires 6,000 employees as Trump slashes US government
The move will eliminate roughly 6% of the agency's workforce in the midst of the busy tax-filing season.

Elon Musk wields chainsaw at conservative gathering, a gift from Argentina's Milei
This is the chainsaw for bureaucracy, says Elon Musk.
![[OPINION] For never again the world must know more about the Khojaly genocide [OPINION] For never again the world must know more about the Khojaly genocide](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2025-02/41740112820_KhazarUniversity.jpg)
[OPINION] For never again the world must know more about the Khojaly genocide
For Azerbaijanis, the Khojaly genocide is more than a historical event - it is a collective trauma that shapes their identity and worldview.

Israeli military says body released by Hamas is not of a hostage
Two bodies were identified as infants, but a third, believed to be their mother, Shiri, didn't match any hostage and remains unidentified.

Key takeaways from Trump-Putin talks: Ukraine, energy, NATO, sanctions
Here's what is known so far about what was discussed.
![[COLUMNIST] Whose rights? Islam, eurocentrism and the limits of human rights [COLUMNIST] Whose rights? Islam, eurocentrism and the limits of human rights](https://resizer-awani.eco.astro.com.my/tr:w-177,h-100,q-100,f-auto/https://img.astroawani.com/2024-09/41726025526_UnitedNations.jpg)
[COLUMNIST] Whose rights? Islam, eurocentrism and the limits of human rights
For as long as rights are understood on Occidental terms, problems would inevitably remain. What is needed is an appreciation of diversity.

Argentina court clears 3 accused in singer Liam Payne's death
The court upheld the pre-trial detention of a hotel employee and a restaurant waiter held since last month.

Spanish ex-soccer boss Rubiales sentenced to pay fine over kiss without consent
Court also acquits Luis Rubiales' three co-defendants accused of attempting to coerce Jenni Hermoso into saying the kiss was consensual.

King’s health significantly improved after treatment - PM
Datuk Seri Anwar Ibrahim says he had the opportunity to seek an audience with the King twice during his official visit to Bahrain.

Why Trump wants the US Department of Education shut down
The vast majority of US children attend the country's free public schools, which are a big employer and economic engine.

How did a jet flip upside down on a Toronto runway and everyone survive?
Here is what we know about this accident and similar crashes.