Malaysia’s highest court has upheld a five-year prison sentence for opposition leader Anwar Ibrahim on a sodomy charge in a controversial decision that will crush the political ambitions of the man and the movement who pose the most viable threat to the government’s rule.



Anwar, who has consistently maintained the charge against him was politically motivated, spoke to the judges from the dock, telling them they had become “partners in crime in the murder of judicial independence”.

Tuesday’s judgment and sentence marked a bitter end to a long-running legal saga for Anwar. The former deputy prime minister and his supporters insist the sodomy allegations were murky at best and designed to derail his career.

Sodomy is illegal in Muslim-majority Malaysia. Anwar was first accused of sodomising a male political aide in 2008 but was ultimately acquitted of the charge by the high court in 2012.

The appeals court overturned the acquittal in March last year and sentenced him to five years’ jail. He remained free on bail while that decision was appealed.

Tuesday’s federal court decision to uphold the conviction – and the five-year sentence – exhausted Anwar’s last avenue of appeal. He will go to prison immediately.

Addressing the panel of five judges, Anwar said: “You have become partners in crime in the murder of judicial independence,” prompting the judges to get up and walk out of the room, with one of them saying: “I don’t need to hear all this.”

Anwar continued speaking from the dock. “Allah be my witness. I pledge that I will not be silenced. I will fight on for freedom and justice. I will never surrender.”

His speech came during what are known as mitigation proceedings during which both sides are given an opportunity to speak before the judges decide the prison term.



“I maintain my innocence. This to me is a fabrication coming from a political conspiracy to stop my political career,” Anwar said.

Earlier, Justice Arifin Zakat, who read out the verdict, said there was “overwhelming evidence” that Anwar sodomised an aide and therefore the court was upholding the five-year sentence imposed by the appeals court last year.

Anwar was the rising star of Malaysian politics in the mid-1990s before he fell out with then prime minister Mahathir Mohamad.



Since then the former deputy prime minister has been beset by legal problems and spent several years in prison after being convicted of corruption and an earlier sodomy charge.

But the charismatic Anwar, who heads a three-party opposition alliance, has remained the greatest threat to Malaysia’s political establishment.

Opposition gains in the 2013 general election raised the possibility of a genuine challenge to the Barisan Nasional coalition that has ruled Malaysia since 1957.

The rejection of Anwar’s appeal is expected to spark protests across the country, though the man himself has appealed for calm.

The ruling appears to disqualify the 67-year-old from political office and from contesting the next election, which must be held by 2018.

Gooi Hsiao Leung, an MP in Anwar’s People’s Justice party, told the Guardian the mood among Anwar supporters in the courtroom was one of disbelief at the verdict.



“We are very disappointed. His family was especially shocked, especially his wife, and his children and grandchildren, who were in court. They were in tears at the verdict.

“Based on the evidence and the case presented, we were hoping very strongly the case would be ruled in Anwar’s favour. There were so many holes and inconsistencies and doubts from the very beginning of this case.”

Gooi said the former aide who alleged he had been sodomised by Anwar had met with senior government politicians, and police officers, in the days just before making his complaint.

“Just on that alone there are serious suspicions about this case. From the beginning this has been a politically motivated case. For many years it was hoped the judiciary in this country would be seen as independent. This will reflect very negatively for Malaysia.”

The UN human rights office said it was “disappointed” by the ruling.

“The bottom line for us is the charge in this case should not be a criminal offence,” said spokesman Rupert Colville.



Phil Robertson, Asia spokesman for Human Rights Watch, described the court’s verdict as a “travesty”.

“Prime Minister Najib Razak’s government has persisted in its politically motivated prosecution of opposition leader Anwar Ibrahim at the expense of democratic freedoms and the rights to non-discrimination and privacy for all Malaysians,” he said from Kuala Lumpur.

“Allowing this travesty of justice to stand will further undermine respect for rights and democracy in Malaysia.”

Razak’s government has rejected any suggestion of interference in the case, saying Malaysia has an independent judiciary and politics played no part in the court decision.

After the verdict a spokesman for the Malaysian government said the judges reached their verdict only after considering all the evidence “in a balanced and objective manner”.

“Malaysia has an independent judiciary and there have been many rulings against senior government figures.”

The spokesman said the charge against Anwar was brought by a private individual – Anwar’s employee and personal assistant – not by the government. “As the victim of a serious assault he had every right to have his case heard in court.

“In this case, exhaustive and comprehensive due process has been followed over many years. That process is now complete and we call on all parties involved to respect the legal process and judgment.”

Police called on Anwar’s supporters to maintain calm and security at the court was tightened. Last year he appealed to supporters to shun violence.

Anwar’s jailing could herald the disintegration of the three-party alliance he leads. It is paralysed with infighting and a meeting on Sunday to iron out differences and find a possible successor to Anwar was inconclusive.