DAP chairperson Karpal Singh today claimed that a federal court judge contradicted himself in saying there was evidence to show that Anwar Ibrahim was involved in homosexual activities when acquitting the politician of a sodomy offence.

In a press statement, Karpal urged federal court judge Abdul Hamid Mohamed to expunge the remark he made in his 89-page judgment , in the interest of justice and fair play.

"The remark has led to certain quarters saying that Anwar was guilty of the charge of homosexuality but had been acquitted purely on a technicality, when that certainly is not the position in law," said Karpal, a veteran lawyer who represents Anwar.

"He (Anwar) was not acquitted on a technicality, but on the merits of the case as the prosecution had failed to prove its case against him beyond reasonable doubt."

In the summary of his j udgment , Justice Abdul Hamid ( photo ) had noted that '... there was 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'.

This remark was later qualified: "(However) the court may only convict the appellants if the prosecution had successfully proved the alleged offences as stated in the charges, beyond reasonable doubt, on admissible evidence and in accordance with established principles of law."

Remark 'untenable'

Karpal stressed that the judge's earlier remark was untenable as it flies in the face of the decision to acquit and discharge both Anwar and co-accused Sukma Darmawan Sasmitaat Madja.

He said although the court is free to make judicial comments in delivering a judgment, the comment cannot impinge substantially on the essence of the charge.

"The question directly before the Federal Court was whether Anwar and Sukma were guilty of homosexual activities. That was the charge they were facing.

"The Federal Court could not, therefore, in law make the remark that there was evidence to confirm that they were involved in homosexual activities. The remark cannot co-exist with the court's decision to allow the appeal."

Official application

When contacted, Karpal denied that his comments have come as an afterthought, following numerous media reports that have highlighted this aspect of the judgment.

"I have been looking at the matter for some time but I thought to raise it after Anwar ( photo ) returns from Germany where he is being treated. Furthermore, people had been making some statements on the matter and he is still abroad. I can't just sit back and do nothing," he said.

He said Anwar's lawyers may be making official applications via normal court procedures if the remark is not voluntarily expunged.

"But all this is subject to proper discussions with Anwar himself. I have yet to get the opportunity to discuss it with him," Karpal added.

Meanwhile, Anwar's aide Azmin Ali told malaysiakini that Anwar was informed of this development.

"He is aware that some people had taken advantage of that paragraph from the judgment to discredit him. He will discuss this matter with his lawyers soon," Azmin said.

Azmin is with Anwar who is currently recuperating in Munich, Germany. Anwar is expected to return home next month after performing the umrah (pilgrimage) in Mecca.