Ex-Federal Court judge leads Anwar's defence team - 2

LIVE REPORT

10am: At the High Court trial, the gel was produced and marked, says Gopal.

He says Saiful had testified that they did the act (sodomy) on the carpet and he applied the gel on his private part (anus).

Gopal (right) shows a document not in the appeal records, and he says the 'keadaan barang kes' (list of items seized) does not included the KY jelly.

This, he says, shows the inconsistency in Saiful's testimony.

"Exhibit was not in the list and it should be considered inadmissible and its weightage (in consideration) is challenged."

"Karpal had asked Saiful (whether) the KY gel was an afterthought and the witness agreed. The police report made no mention of the gel."

9.47pm: Gopal argues that Court of Appeal had erred that Saiful is a credible witness and that his evidence had been corroborated.

The third point, he says, was the right of defence to test police officer Jude Pereira's statement in the course of his investigations.

In going to the first ground of the appeal, Gopal says Saiful claimed he was afraid to lodge a police report.

The former Federal Court judge adds that Hospital Pusrawi's Dr Osman noted that Saiful was unwilling to make the report initially.

"This document (medical report) was shown to Saiful and he denied?"

Saiful he says had met a senior police officer (Mohd Rodwan) and called the IGP (police chief).

He says a person who do not want to be sodomised would not have bought a lubricant.

“The presence of the gel is a matter of doubt," he said.

9.45am: Gopal says two sets of Saiful's underwear had been tendered. He adds one of the underwear was washed and wet.

"The second underwear was not worn by Saiful on that day but it had semen stains."

"At the conclusion of police investigations, Anwar was charged. At the trial, KL High Court judge said a prima facie case had been established."

"After that, the judge says he was not satisfied with the prosecution's case against the accused (Anwar).”

Gopal relates the prosecution not satisfied with the High Court acquittal and appealed to the Court of Appeal. The Court of Appeal eventually convicted and sentenced Anwar to five years’ jail.

Having submitted the outline of the case, Gopal will now scrutinise Saiful's evidence.

9.40am: Defence lawyer Gopal says despite sending a letter of resignation, Saiful went to Anwar's house and even served drinks there.

He relates Saiful's meeting with Hospital Pusrawi doctor (Mohamed)Osman (Abdul Hamid), where a plastic object was said to have been inserted into his anus.

"However, Saiful denied making the statement. At the meeting with Dr Osman (right), he said he was sodomised and (he was) referred to Hospital Kuala Lumpur."

Three doctors, says Gopal, attended to Saiful and their initial finding was no penetration.

Saiful, Gopal says, then met DSP Jude Pereira and lodged a police report.

9.30am: Defence lawyer Gopal Sri Ram begins his submission. He says there are no witness to the alleged crime. He adds Saiful had later called then inspector-general of police (IGP).

Gopal says Saiful claimed he was forced to commit the act (sodomy) and that lubricant was used (KY jelly).

"It is his evidence that the act was so vigorous he pressed on the tube of jelly and it (jelly) fell on the carpet.

"Saiful says he washed himself and sent an email to tender his resignation as an assistant to Anwar."

9.27am: Lead defence counsel Gopal Sri Ram wants to read the list of international observers but justice Arifin says there is no need to do so as it is already made known.

Gopal tells the court that the defence is adding one further ground of appeal.

Lead prosecutor Muhammad Shafee Abdullah has no objection to the additional ground.

9.22am: Defence lawyer Latheefa Koya tells reporters that four people will do the submissions for the defence - Gopal, Surendran, Ram Karpal and Sangeet.

Court now in session with Chief Justice Arifin Zakaria presiding.

There is a change in panel - Ahmad Maarop is not on the bench. He is replaced by Federal Court judge Ramly Ali.

Gopal introduces the parties to the five-member Federal Court panel.

9.10am: Selangor Menteri Besar and PKR deputy president Azmin Ali is also in court, along with Wangsa Maju MP Tan Kee Kwong, acting DAP chairperson and Cheras MP Tan Kok Wai, Perak chief and Beruas MP Ngeh Koo Ham and party stalwart Ronnie Liu.

The public gallery with about 70 seats is already packed. Those unable to get a seat are told to leave the courtroom.

“If there are not enough chairs, you can join me in the dock,” quips Anwar.

9.05am: Anwar Ibrahim tells reporters that Sulaiman Abdullah is unwell as he had surgery on his leg two months ago and is still in great pain.

"Sulaiman was passionate in doing this appeal but I met his wife Mehrun who advised against it. Gopal approached us last week."

Asked whether he is confident, he says: “We have a former Federal Court judge (as lead defence counsel)... I am mentally prepared, but have not much hope.”

He mentions that Hollywood actor Mel Gibson called him to ask whether the ‘Lethal Weapon’ star should issue a statement.

"I said you can, but not in support of drinking (liquor). He told me one thing I learn from you (Anwar) is not to enter politics," the opposition leader says of his brief conversation with Gibson.

Lead prosecutor Muhammad Shafee Abdullah arrives in the courtroom.

8.59am: Anwar Ibrahim arrives with wife and PKR president Dr Wan Azizah Wan Ismail.

Also as part of the legal team is Gobind Singh Deo. Anwar is seen in a discussion with lead defence counsel Gopal Sri Ram.