Kajang by-election: Election Commission will study Anwar’s eligibility to contest

PUTRAJAYA: The Election Commission will make a detailed study of the provisions in the Federal Constitution and the Selangor Constitution on Opposition Leader Datuk Seri Anwar Ibrahim’s eligibility to contest the Kajang state by-election.

This followed the verdict of the Court of Appeal, which found him guilty of sodomising his former aide Mohd Saiful Bukhari Azlan, six years ago, and sentenced Anwar to five years’ jail on Friday.

EC chairman Tan Sri Abdul Aziz Yusof said that in view of this being the first case of its kind, a detailed study had to be done to ensure that due process was followed.

"Under the law, by right, if a person is jailed more than a year or is fined more than RM2,000, he or she, automatically loses the right to contest in the elections," he said.

"Nevertheless, we will have to study if Anwar appeals to the Federal Court, because of it (appeal), whether he can still contest," he said, adding that the EC would be consulting its legal advisers on the matter.

Justice Datuk Balia Yusof Wahi, who led a three-man panel in hearing the prosecution's appeal in the case, however, granted Anwar's application for a stay of execution of the sentence pending appeal with bail of RM10,000.

In overturning the High Court's decision in acquitting Anwar, Justice Balia said the panel unanimously held that the trial judge had erred in his findings that the integrity of DNA samples used in the case had been compromised.

Anwar was allegedly charged with sodomising Mohd Saiful at a Desa Damansara condominium unit in Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

Anwar's counsel Karpal Singh had told reporters that with this ruling, Anwar could not file his nomination papers for the Kajang state seat by-election this Tuesday. Polling is scheduled for March 23.