Why Najib, Rosmah must testify: Anwar

Anwar Ibrahim has filed an affidavit-in-reply to applications by the premier and his wife to set aside the subpoenas served on them to testify as defence witnesses in his sodomy trial.

In the document that he signed this afternoon before a Commissioner of Oaths at the Kuala Lumpur High Court, Anwar said Najib Abdul Razak and Rosmah Mansor are required to assist in the case.

This is linked to information provided by Najib's former aide Khairil Annas Jusoh, when interviewed by Anwar's lawyer during a process of recording statements from prospective witnesses.

Khairil Annas had confirmed that he had taken sodomy complainant Mohd Saiful Bukhari Azlan to meet Najib, then the deputy premier.

"I feel there are more things that may have transpired (in the discussion between) Najib and the complainant,” Anwar said in his affidavit.

"Najib had initially denied meeting Saiful and then he retracted, saying Saiful had asked for a scholarship. Following this, the lawyers want to get a further explanation of this."

Furthermore, during the interview on Aug 12, Najib and Rosmah had not been cooperative about giving a statement to his lawyers.

Anwar, who said he has a legal right to call witnesses, then instructed his lawyers to subpoena Najib.

'Rosmah met Saiful's friend'

As to why Rosmah's presence is required, Anwar claimed that Muhamad Rahimi Osman - a close friend of the complainant - had met her.

"This was gathered during our lawyer's interview with former national athlete Mumtaz Begum Abdul Jaafar on May 25, 2011. Hence, it is not to assert a theory of conspiracy but to gain an explanation about the meeting.

"Furthermore investigating officer DSP Jude Blacious Pereira (right) had taken a statement from Rosmah under Section 112 of the Criminal Procedure Code. This shows Rosmah has knowledge of the case."

Anwar said that based on these points, Najib and Rosmah should be called to testify.

The affidavit-in-reply was filed by the firm of Sankara Nair, who was present with lawyer Param Cumaraswamy.

Najib and Rosmah had filed separate applications last Wednesday to set aside the subpoenas issued.

Their applications are scheduled to be heard tomorrow, but it is now uncertain if this will proceed.

If their lawyers reply to Anwar's affidavit-in-reply, there is a possibility that the hearing will be deferred.

The prosecution, led by Solicitor-General II Mohd Yusof Zainal Abidin, also named as respondents by Najib and Rosmah, will not submit an affidavit-in-reply.