Anwar Ibrahim Guilty

Chief Justice Tun Arifin Zakaria says in his judgment that Saiful Bukhari Azlan, who had accused Datuk Seri Anwar Ibrahim of sodomising him, is a credible witness.

"We find PW1 (Saiful) to be a credible witness," said Arifin.

He went on to say: "We find ample corroborative evidence to support Saiful's testimony." He added that the trial judge had also found ample corroborative evidence that he was sodomised.

"We have no reason to disturb this finding," Arifin added, still reading his judgment

Arifin said the trial judge had exercised his discretion correctly in dismissing the application to impeach Saiful. He also said that the carpet was not critical in this case in light of other compelling evidence.

He said he found no transgression of the law or breach of Anwar's constitutional rights when the items he used in lock-up was used ‎for DNA testing.

As Justice Arifin continues to read the judgment, one of Anwar’s children breaks into tears. All his six children are present in court.

Arifin also said that Anwar did not dispute that he was in the condominium and that Saiful was also there. “We hold there is no merit to the complaint of political conspiracy.

"A mere denial (from Anwar) does not mean it could be accepted. A political conspiracy allegation remains unsubstantiated,” he adds.

Earlier, Arifin pointed out that consent was not an ingredient of sodomy offence under the Penal Code.

He added that Saiful had worked as a volunteer and served as Anwar's assistant.

The Federal Court is delivering its ruling on the appeal by Anwar, who was convicted for sodomy. Proceedings at the Federal Court began shortly after 10am.

Anwar, the PKR de facto leader, will lose his Permatang Pauh parliamentary seat if he is fined more than RM2,000 or jailed for more than a year and does not receive a free pardon.

Anwar, 68, is staring at a five-year jail sentence meted out by the Court of Appeal, which in March last year overturned High Court's decision to acquit him of sodomising his former aide, Saiful.

The prosecution has filed a cross-appeal for an enhanced sentence, which could stretch up to 20 years.

The scene outside the Palace of Justice (PoJ) in Putrajaya today is reminiscent of that 11 years ago when Malaysia's opposition leader Anwar was acquitted of his first sodomy charge by the Federal Court.

That was in September 2004. Today, Anwar will know his fate as the Federal Court delivers its decision on his second sodomy charge, a case which began in 2008.

‎As was the case then, police presence in the area is heavy, with some 300 officers stationed in the vicinity of the PoJ in anticipation of the thousands of people expected to throng the area.

The main road where the PoJ is located was closed to traffic since 8pm last night while the ‎surrounding area of the court complex itself was cordoned off to the public.

Large groups of journalists began gathering just outside the barrier since 6am, waiting for when they would be allowed in to the court.

At 7.30am, most of those present outside the barricades are reporters and the police with a handful of politicans.

Anwar's supporters started gathering at the Tunku Mizan Zainal Abidin mosque, located just a stone's throw away from the court complex‎, from 6.30am onwards.

They later marched to the court complex.

PKR secretary-general Rafizi Ramli told reporters‎ ahead of the decision this morning that he was hoping to see justice prevail.

"It is difficult to say but we hope for justice," he said.

PAS information chief Datuk Mahfuz Omar added: "We pray for the best".

Police have set up barriers around the Palace of Justice in anticipation of the large crowd. – The Malaysian Insider pic by Nazir Sufari, February 10, 2015.Police have set up barriers around the Palace of Justice in anticipation of the large crowd. – The Malaysian Insider pic by Nazir Sufari, February 10, 2015.

The apex court took seven days over last October and November to hear Anwar's appeal, said to be the longest amount of time the court at that level has given to an appeal hearing.

During the hearing, Anwar's counsel and the prosecution reviewed the trial evidence and the testimony of the complainant, Saiful. The prosecution attempted to lay the burden of proof on Anwar while the defence argued that the main evidence given by Saiful was unreliable.

Lawyers observing the case have said the panel of five judges who heard the appeal will have to decide whether Saiful's testimony can be believed. They said other corroborative evidence would be irrelevant if the complainant's testimony was found deficient or inadmissible.

If the judges accept Saiful's evidence and uphold Anwar's conviction, the prosecution is then expected to make its case for a longer jail term. The defence will be given a chance to argue against this.

Get updates here (latest on top):

* Justice Arifin says Anwar did not dispute that he was in the condominium and that Saiful was also there. “We hold there is no merit to the complaint of political conspiracy. A mere denial (from Anwar) does not mean it could be accepted. A political conspiracy allegation remains unsubstantiated,” he adds.

* Justice Arifin touches on the allegation that Saiful met Najib, who was then deputy prime minister, and the latter’s special officer Khairul Anas.

* Justice Arifin focuses on other defence witnesses, including Anwar’s former aide Najwan Halimi’s testimony that he was surprised to see Saiful, known to be a BN sympathiser, working for the opposition leader.

* Nurul Izzah looks visibly upset as she uses her phone.

* Anwar bows his head and checks his phone as Arifin continues to read judgment, coming to almost two hours.

* Justice Arifin continues. He says there is nothing "inferiorly fallible" in the chemists’ evidence.

* There is an interruption to fix the faulty microphone.

* Anwar's eyes are closed and one of his children breaks into tears as the chief justice continues to read the judgment.

* Justice Arifin also notes how the chemist testified that it is consistent with the complainant’s allegation that he was sodomised.

* Justice Arifin states that the chemists found semen samples and sperm heads. “The finding of sperm heads after two days is not unusual,” he adds.

* Justice Arifin rules that there is no break in custody of the samples and that DSP Jude Pereira, the investigating officer, was careful in leaving the cut plastic bag hanging. As such, the samples are not contaminated. Anwar turns to look at Dr Wan Azizah at this point.

* Justice Arifin continues to read the judgment although he is barely audible as the microphone has gone faulty.

* Saiful's supporters getting more rowdy outside the court.

* Justice Arifin said that it was never the prosecution's case that the samples would be in pristine condition. He said witnesses explained that there may have been some degradation but not substantial enough to destroy the dna profile.

* Justice Arifin said he found there was no transgression of the law or breach of Anwar's constitutional rights when the items he used in lock-up was used ‎for DNA testing.

* "We find ample corroborative evidence to support Saiful's testimony", Arifin says. He added that the trial judge had also found ample corroborative evidence that he was sodomised. "We have no reason to disturb this finding", Arifin added.

* Justice Arifin says that the trial judge exercised his discretion correctly in dismissing the application to impeach Saiful. He also said that the carpet was not critical in this case in light of other compelling evidence.

* Justice Arifin says "we find PW1 (Saiful) to be a credible witness".

* Justice Arifin reads Anwar’s defence questioning Saiful’s conduct of bringing the KY jelly and the Pusrawi doctor claiming that a plastic object had been inserted into his anus. The chief justice notes that Saiful had alleged there were previous sexual encounters, and the defence had countered by asking why he did not flee.

* The judge is now focusing on the issue of Saiful’s credibility.

* Justice Arifin says the experts who testified for the defence cast doubts on the condition of the samples, hence the KL High Court was of the opinion that there is reasonable doubt concerning the samples.

* The judge is now reading the testimonies of defence witnesses Prof David Wells and Prof Brian Mcdonalds. He says spinal surgeon Dr Thomas Hoogland was of the opinion that Anwar cannot perform such sexual acts because of his back problem.

* Justice Arifin said Anwar had given his statement from the dock where he had alleged a conspiracy by Prime Minister Datuk Seri Najib Razak and questioned Saiful’s conduct.

* Justice Arifin notes how Anwar was detained and brought with him a towel, toothbrush and mineral water bottle. These items were retrieved by the police the following day and the samples were handed over to the Kuala Lumpur police headquarters.

* Justice Arifin recalls how Saiful had arrived at a condominium and that a lubricant was used when he was allegedly sodomised. Arifin said Saiful resigned after the incident and was accompanied by his uncle to Hospital Pusrawi.

* Anwar maintains straight face as Chief Justice Arifin reads judgment.

* Justice Arifin starts to read out evidence in case, where he repeats the words allegedly said by Anwar to Saiful: "Can I f*** you today."

* Justice Arifin says consent is not an ingredient of the offence in the Penal Code, recalls how Saiful Bukhary Azlan worked as a volunteer and served as Anwar’s assistant.

* Justice Tun Arifin Zakaria starts reading judgment.

* Judges enter the court. Proceedings begin.

* Anwar enters dock as court registrar asks everyone to settle down.

* When asked about his gut feeling on the verdict, Anwar says: "I'm always an optimist."

* Court registrar informs that proceedings will start at 10am.

* Wan Azizah helps her father to his seat‎ next to her. He then hugs Nurul Izzah's son and daughter.

* BFM radio reports that Mohd Saiful Bukhari Azlan's lawyer confirms that Saiful will not attend court proceedings today.

* Datuk Seri Dr Wan Azizah Wan Ismail says the judges not only have to answer to the people but to conscience and God. "Judgement has to be based on facts. With that, I'm confident that Anwar is innocent and should be released. Let me not have reason to question the judiciary. Judges have to honour justice entrusted to them," she said.

* About 1,000 Anwar supporters have now gathered within the vicinity of the court complex. About 50 of Saiful Bukhary Azlan's supporters are present. Suhaimi Adnan, who is heading the group of Saiful's supportes, said they were not paid to come to court. "We came to prove that Saiful is not alone," he adds as the group chants "Tangkap Anwar" (Arrest Anwar) and "Hukum Peliwat" (Punish the sodomite).

* Anwar when asked how he feels by media members, said: "Que sera sera. Berdebar (anxious), I have gone through this a lot, I will‎ just berdoa (pray).

* Anwar having a word with Gobind Singh and Sangeet Kaur. He also greets other members of his defence team with a smile on his face.

* DAP leaders Lim Kit Siang and Lim Guan Eng take their seats in court.

* Court security checks the passes of those in court. Those with passes restricting them only to the lobby are ushered out.

* Anwar enters the court room.

* Tan Sri Muhammad Shafee Abdullah, who heads the prosecution team, arrives in court.

* Police add benches in the court room for extra seating.

* PAS secretary-general Datuk Mustafa Ali is seen outside the court.

* Defence team lawyer Latheefa Koya questions court officials on why legal assistants not on record with the prosecution team‎ are allowed into court. Proceedings have yet to start.

* The prosecution team includes DPP Mohd Hanafiah Zakaria, who is deputy head of the prosecution division of the Attorney-General Chambers and Saiful's lawyer Zamri Idrus.

* Human Rights Watch asia division deputy director Phil Robertson is also in court.

* National laureate Datuk A. Samad Said arrives at court complex. Also in court are Anwar's lawyers Gobind Singh and Ramkarpal Singh and Anwar's brother, Idrus Ibrahim.

* PAS leaders present include Datuk Mahfuz Omar, Khalid Samad, Dr Dzulkefly Ahmad and Dr Syed Azman Syed Ahmad Nawawi.

* Some Anwar supporters pray outside the court complex. Many of those present carry banners voicing their support for Anwar.

* Anwar's lead counsel Datuk Seri Gopal Sri Ram arrives, aided by a walking stick. He is accompanied by defence counsels Sangeet Kaur and Eric Paulsen.

* Selangor Menteri Besar Azmin Ali among Pakatan Rakyat leaders present at the court complex.

* Media, international observers, MPs and some members of the public admitted to court room, which is almost full. Only the seats reserved for family members are still empty.

* Crowd begins to throng the vicinity of the court complex.

* Opposition leader Datuk Seri Anwar Ibrahim has arrived at the Palace of Justice accompanied by his wife Datuk Seri Dr Wan Azizah Wan Ismail and their children.

* Lawyers begin to arrive at Federal Court

* Crowd shouting "Bebas Anwar" and "Reformasi" as they head towards the court complex from the Tunku Mizan Zainal Abidin mosque.

* Public, media begin to queue for special entry passes to courtroom. Special passes are issued only for family members, MPs, observers and the media, Bernama quoted a court official as saying. – February 10, 2015.