There are "glaring anomalies" in the sodomy charge against opposition leader Anwar Ibrahim which fuel the perception that he is a victim of persecution, said Bar Council president Christopher Leong.

In a press release today, Leong (right) explained that Anwar was charged under Section 377B of the Penal Code read together with Section 377A.

Section 377B provides that provides that whosoever voluntarily commits the acts described in Section 377A shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping.

"It is notable that Anwar was not charged under Section 377C of the Penal Code for forced sodomy or sodomy rape, although there may appear to have been some allegation of coercion made in the proceedings.

"This has also given rise to questions or concerns as to why the complainant, Mohd Saiful Bukhari Azlan, who was alleged to have been a participant in the act of sodomy, was not charged for abetment under sections 377A and 377B, read together with Section 109, of the Penal Code," said Leong.

Strange world

Given the fact that this law has rarely been used to charge anyone in court, and yet Anwar has been prosecuted and convicted twice for the an offence wherein the charge does contain elements of coercion, fuels suspicions further.

"It is a strange world that we live in. These glaring anomalies fuel a perception that Anwar has been persecuted, and not prosecuted," said Leong.

Yesterday, the five-member bench at the Federal Court, led by Chief Justice Arifin Zakaria, unanimous upheld Anwar's conviction and five year jail sentence.

The judgment notes that Saiful had brought and used lubricant during the alleged act of sodomy but suggested that it doesn't mean the act was consensual.

The Federal Court also noted that Saiful was not an "accomplice" in the act.