Sodomy II: Will Anwar be called to enter defence?

With the prosecution having closed its case earlier this month, the Kuala Lumpur High Court today begin hearing submissions from both the prosecution and defence in the controversial Anwar Ibrahim sodomy trial.

Lead counsel Karpal Singh was first to submit for the defence team, and he argued on why the opposition leader should be acquitted without his defence being called.

Meanwhile, solicitor-general II Mohd Yusof Zainal Abiden is expected to argue that the prosecution has presented a compelling case drawing together all evidence presented in court over 57 days by 27 witnesses.

It remains to be seen whether the submissions will be extended beyond today. Nevertheless High Court judge Mohamad Zabidin has set aside tomorrow for the hearing to continue should there be a need for it.

After hearing the submissions from both sides, the judge will set a new date where he will deliver his decision on whether to proceed with the trial or throw it out of court.

Anwar suffered a last-minute blow to his case last month when the judge reversed his ruling and allowed the admission of three disputed items - a mineral water bottle, towel and toothbrush - as evidence.

A summary of the case was highlighted by Malaysiakini yesterday.

LIVE REPORTS

8.46am: The prosecution team are already in court. Complainant Mohd Saiful Bukhari Azlan's father Azlan Md Lazim is seen seated in the public gallery.

8.53am: Anwar arrives in court with PKR president and wife Dr Wan Azizah Wan Ismail. Also with them are Machang MP and PKR secretary-general Saifuddin Nasution and a number of party supporters.

9.03am: Defence lawyers Sankara Nair and Param Cumaraswamy enter the courtroom, along with Saiful's lawyer Zamri Idrus.

9.11am: The defence team is having a discussion with Anwar outside the courtroom while waiting for the hearing to commence.

9.18am: Lead defence counsel Karpal Singh arrives in his wheelchair.

9.21am: Both Karpal and lead prosecutor Mohd Yusof Zainal Abiden, along with the defence team, meet High Court judge Mohamad Zabidin in his chambers.

9.31am: After about 10 minutes, both parties emerged from the judge's chambers. Proceedings about to begin.

9.34am: Court called into session with justice Zabidin presiding.

Karpal is submitting first.

He says a lot has been said in this court and he reminds that judges are human being.

"Rely on what is being told in the court. Not the media or what is being said by the prime minister."

9.40am: Karpal says there should not be any gaps in the prosecution case.

"The court must scrutinise the credibility of each of the prosecution's witnesses."

9.45am: Karpal says the prosecution must prove the evidence at hand.

"There should not be any material gaps. The tests at the end of prosecution case is prima facie ... if doubt exists, defence ought not be called."

"Prosecution has failed to prove a prima facie case. It must prove every evidence is reliable, elements of the offence ascertain and the court must subject them to maximum evaluation."

9.50am: Karpal points out one of the inconsistencies is the charge of carnal intercourse against the order of nature - that it is under section 377b meaning consensual.

"However, complainant Mohd Saiful Bukhari Azlan had testified that it was non-consensual," he says, adding the prosecution cannot amend the charge.

9.53am: Karpal reminds the court of the first sodomy trial involving Anwar 10 years ago where the High Court judge had accepted complainant Azizan Abu Bakar's case only for it to be overturned by the Federal Court.

"This court should not be fall by this fallacy again. Saiful must be seen as a reliable witness if the court wants to call for defence," he said.

[More to follow]