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10 APRIL 2024

Monday, August 8, 2011

Prosecution gets a week to comply with order

Anwar Ibrahim is expected to take the stand to testify as his sodomy trial enters the most crucial stage in his defence of a charge of sodomising his former aide, Mohd Saiful Bukhari Azlan.

The trial resumes after a lapse of almost three months when Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah orderedAnwar's defence to be called following his decision that the prosecution has proved a prima facie case.

Before Anwar testifies, justice Zabidin delivered his decision allowing the defence to interview 15 witnesses.

The defence has applied to interview Prime Minister Najib Abdul Razak, his wife Rosmah Mansor, former inspector-general of police Musa Hassan and former Malacca police chief Mohd Rodwan Mohd Yusof, which the defence had failed to do during the three-month break in proceedings.

azlanThese witnesses are key to support Anwar's claim that the charge is “politicially motivated”. The others, which the defence team has yet to interview, are his alibi witness.

The trial also sees the victim's father, Azlan Mohd Lazim, entering into the fray - last week, he wrote to the Human Rights Commission (Suhakam) requesting the body to monitor the trial and ensure that it is not postponed further.

Azlan said Saiful's right for a speedy and fair trial had been violated as a result of the various postponement resulting in the trial taking three years to this month of August, the holy month of Ramadan for Muslims.

However, Anwar's lead counsel Karpal Singh ticked off Azlan, arguing that any public statements with regards to the course of the trial could amount to contempt of court.

Anwar, who is opposition leader, is charged with sodomising Saiful at the Desa Damansara condominium between 3.01pm and 4.30pm on June 26, 2008.

LIVE REPORTS

8.12am: There is a strong police presence and a number of reporters from the foreign press corps are milling outside the court.

8.40am: Several foreign embassy officials are also seen joining the queue to enter the courtroom.

8.48am: After undergoing security checks by the police, reporters and embassy officials are allowed into court.

In court, the prosecution team led by solicitor-general II Mohd Yusof Zainal Abiden is ready for the proceedings with DPP Nordin Hassan, DPP CK Wong and DPP Noorin Badaruddin.

8.54am:
In the public gallery, foreign embassy officials and Anwar's family members are seated in the front row. Reporters are seated in the second and third rows while the public in the fourth row.

The public gallery can fit about 70 people.

azlan8.57am: Anwar Ibrahim arrives wearing a grey suit with his wife, PKR president Dr Wan Azizah Wan Ismail, and former deputy minister Dr Tan Kee Kwong, who is PKR disciplinary committee chief.

9.10am: Sankara Nair and Anwar's Australian experts - Dr David Wells and Dr Brian McDonald - enter the courtroom.

Wells is a forensic pathologist while McDonald is a DNA specialist.

Sankara has indicated at the last session that the two will also testify as defence witnesses.

9.20am: The court is still awaiting for lead defence counsel Karpal Singh.

The Pakatan Rakyat leaders who have just arrived include Batu MP Tian Chua and Selangor exco Ronnie Liu.

About 10 people could be seen standing in the public gallery as all seats are already occupied.

9.30am: Anwar steps out of the courtrom with defence lawyers Sankara and Param Cumaraswamy. There is still no sign of Karpal.

Also in court is lawyer Zamri Idrus, who is representing complainant Mohd Saiful Bukhari Azlan.

Saiful's father Azlan Mohd Lazim, who sent a letter to Suhakam last week, is not seen in court.

9.34am: PKR vice-president and Lembah Pantai MP, Nurul Izzah Anwar, arrives in court and takes a seat in the public gallery.

9.36am: Karpal arrives in court and he is wheeled in by his assistant. Also arriving in court is Ram Karpal.

Anwar's syariah lawyers Dr Rafie Mohd Shafie is also in court.

9.38am: Anwar enters the dock as the court starts with Justice Mohamad Zabidin presiding.

9.40am: Justice Zabidin allows Anwar's application that prosecution should ensure the attendance of witness.

Justice Zabidin in his decision said it is the prosecution's responsibility to ensure the attendance of witnesses to be interviewed by the defence team.

However, Zabidin said it is up to the witness if they want to be interviewed or not.

"Hence, the court is allowing both applications (for the 15 witness) which includes Prime minister Najib Abdul Razak and his wife Rosmah, former IGP Musa Hassan).

Court stands down for awhile.

9.58am: Court is still on a short break. PKR secretary-general Saifuddin Nasution arrives in court.

10.08am: Anwar re-enters the court with his defence lawyers. Others top PKR leaders in court include Subang MP Sivarasa Rasiah.

10.13am: Karpal and Sankara along with Yusof and DPP Nordin enter the judge's chambers for a close-door discussion.

10.22am: Parties emerge from judge's chambers.

10.24am: Court resumes. Solicitor-general Yusof tells the court that the prosecution needs a week to comply with the order.

Two of the witnesses demanded by the defence have returned to their home country, Indonesia, so time is needed to locate them and provide for their return.

The court fixes Anwar's trial to continue next Monday for two weeks until Aug 26.

- Malaysiakini

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