KUALA LUMPUR, April 18 — Opposition Leader Datuk Seri Anwar Ibrahim's refusal to provide sworn testimony during his second sodomy trial correctly raised the suspicion of the High Court then, according to the Court of Appeal judgment published today.

According to the written decision published on the judiciary's website, Anwar’s choice to issue a statement from the dock also did not amount to more than an empty denial.

It added that a credible statement of defence should have provided evidence with which to deflect the allegations made against Anwar.

“In this case, the respondent did not even deny that he was at the scene of the crime at the material time and date as stated in the charge,” read the judgment.

“The bare denial by the respondent does not amount to any doubt whatsoever.”

It added that despite relying on an alibi to counter the sodomy charge against him, Anwar's defence opted not to call key witnesses to corroborate this.

Of note was Anwar's refusal to put his wife, PKR president Datuk Seri Wan Azizah Wan Ismail, on the witness stand as well as his chief of staff, both of whom the judges said were readily available and would have testified in his defence.

On March 7, Court of Appeal overturned Anwar's previous sodomy acquittal after ruling that the trial judge erred in rejecting DNA evidence adduced.

The three-men bench led by Datuk Balia Yusof Wahi, Datuk Aziah Ali and Datuk Mohd Zawawi Salleh unanimously decided that the High Court failed to “critically evaluate” the evidence submitted by government chemist Dr Seah Lay Hong.

In an unusual scene then, the appellate court remained in session late into the evening to hand down a five-year sentence to the opposition leader, coincidentally disqualifying him from contesting the Kajang by-election that he was planning to enter on March 10.

On January 9, 2012, Anwar was acquitted of allegedly sodomising Mohd Saiful Bukhari Azlan at the Desa Damansara condominium on June 26, 2008.

High Court judge Mohd Zabidin had then freed Anwar on grounds that he could not rule out possible tampering of the DNA samples in the case.

The former deputy prime minister and finance minister was charged with sodomy and corruption in 1998 after he was sacked from the cabinet. He was convicted and jailed for both offences but the sodomy charge was overturned.

Anwar was freed in September 2004 after spending six years in jail and rose to limelight by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which he defended in May 5 general election.