Abdul Hamid Mohamad FCJ:

In this judgment, Dato' Seri Anwar bin Ibrahim will be referred to as "the first appellant " and Sukma Darmawan Sasmitaat Madja will be referred to as "the second appellant ".

The first appellant was charged with an offence punishable under s. 377B of the Penal Code.

The second appellant was charged with two offences. The first charge is for abetting the first appellant in the commission of the offence with which the first appellant was charged. The second charge is similar to the charge against the first appellant ie, under s. 377B of the Penal Code.

Both the appellants were tried jointly. The first appellant was convicted and sentenced to nine years imprisonment commencing from the expiry of the sentence he was then serving in the first trial (High Court Kuala Lumpur Criminal Trial No. 45481998 [1999] 2 CLJ 215 (HC), [2000] 2 CLJ 695 (CA) and [2002] 3 CLJ 457 (FC)). The second appellant was convicted on both charges and sentenced to six years imprisonment and two strokes for each charge with the sentences of imprisonment to run concurrently. For the judgment of the High Court in the present case, see [2001] 3 CLJ 313.

They appealed to the Court