Did the court believe the alleged sexual incident occurred?

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The Federal Court Acknowledged the Sexual Incident Occurred, Though Timing Was Uncertain

The Federal Court has dismissed Datuk Seri Anwar Ibrahim's attempt to remove a reference to homosexuality from the acquittal judgement of his first sodomy charge. The court stated that the majority judgement accepted that the sexual incident, which formed the core of the charge, did indeed occur, although there was doubt regarding the exact timing of the event. This decision was delivered by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, speaking for a five-man panel.
Judicial Consensus on the Occurrence of the Incident

In the initial Sodomy I case, Anwar was acquitted by a two-to-one majority decision on September 2, 2004. However, the majority judgement, penned by then Federal Court judge Abdul Hamid Mohamad, included a statement expressing a belief that the alleged sexual act had taken place. This paragraph noted: “We find evidence to confirm that the appellants were involved in homosexual activities and we are more inclined to believe that the alleged incident at Tivoli Villa did happen at some time."
Basis of the Majority Judgement's Finding

The Federal Court panel today affirmed that the conclusion reached by the majority judgement in 2004 was grounded in evidence present in the appeal record. Chief Judge Zulkefli indicated that the apex court was satisfied with the evidence that Abdul Hamid had relied upon for his comments. Consequently, the court found that the statement could not be classified as a mere personal opinion of the judge.
Entitlement of the Judge to Make the Comment

The court also affirmed that Abdul Hamid was within his rights to include the contested comment in his judgement. This was because the statement directly pertained to an essential element of the charge being adjudicated. The majority judgement was convinced the offence had taken place, with their only uncertainty being the precise timeframe of its commission.
Background of the Sodomy I Charge

Anwar and his adopted brother, Sukma Darmawan Saasmitaat, were jointly charged in 1999 with allegedly sodomising Azizan Abu Bakar between January and March 1994. Azizan was, at the time, the driver for Anwar's wife, Datuk Seri Wan Azizah Wan Ismail. Anwar was initially found guilty by the High Court and sentenced to nine years in jail for this offence, a sentence to be served consecutively with an earlier six-year term for corruption.

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Did the court believe the alleged sexual incident occurred?

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