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Sunday, October 16, 2011

Sodomy II: Defence may object ‘rebuttal’ witnesses


October 16, 2011
KUALA LUMPUR, Oct 16 — Datuk Seri Anwar Ibrahim’s lawyers are expected to raise hue and cry over the prosecution’s new witnesses when the leader’s sodomy trial resumes tomorrow.

If Anwar’s lawyers object to the calling of the witnesses, then a new application and fresh hearing within the trial would be necessary.

The prosecution team, led by Solicitor-General II Datuk Mohd Yusof Zainal Abiden told presiding trial judge Datuk Mohd Zabidin Mohd Diah recently they intend to bring three or four rebuttal witnesses to counter the defence’s own expert witnesses. One witness — Dutch orthopedic surgeon Dr Thomas Hoogland had testified it was “highly unlikely” Anwar had sodomised complainant Mohd Saiful Bukhari Azlan as his poor back condition disables rigorous activities.

Sankara Nair, one of Anwar’s lawyers told The Malaysian Insider that tomorrow’s trial would begin with the prosecution making the application to bring in the new witnesses, after the defence decides to not call former Inspector-General of Police Tan Sri Musa Hassan and former Malacca police chief Datuk Mohd Rodwan Mohd Yusof.

“We may raise an objection to the rebuttal witnesses. As of right now we have no clue as to who they will be calling, and the prosecution has not provided us a list of names of the (new) witnesses.

“We have a prerogative to do so,” Sankara said on Friday.

The PKR defacto leader’s sodomy trial has been laden with applications and trials-within-the trial since it began last year.

The latest application, earlier this month was filed by Prime Minister Datuk Seri Najib Razak and his wife, whom Anwar’s lawyers had subpoenaed to attend court.

Mohd Zabidin had ruled that the PM and Datin Seri Rosmah Mansor need not testify in the trial as Anwar’s lawyers had failed to prove “relevancy” in issuing the subpoena to them.

Lawyers acting for Najib and Rosmah have argued that the duo are not relevant witnesses to Anwar’s ongoing sodomy trial and that they would not be able to offer any material evidence to the court.

But Anwar’s lawyers have argued otherwise, saying Najib’s testimony could shed light on the disposition of the opposition leader’s accuser in the days leading up to the alleged incident.

Mohd Saiful had accused the PKR de facto leader of sodomising him at the upmarket Desa Damansara Condominium in Damansara Heights here on June 26, 2008.

Anwar has repeatedly denied this, and opened his defence case by calling the sodomy charge a trumped-up allegation masterminded by Najib.

The former deputy prime minister said Najib wanted to end his political career and hopes of Pakatan Rakyat (PR) taking over the federal government.

His lawyers had named 25 witnesses who included Najib, Rosmah and Musa.

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