Defence questions why Saiful did not fend off Anwar

ALLEGED sodomy victim Mohd Saiful Bukhari Azlan's credibility was again questioned after he was accused of having lied when testifying in the trial against Datuk Seri Anwar Ibrahim.

Anwar's lead counsel Karpal Singh said Saiful's evidence and his credibility should be re-appraised by the High Court.

The lawyer questioned Saiful's actions before, during and after he was allegedly sodomised by Anwar.

During submissions yesterday, Karpal said it was difficult to believe that Saiful had acted like a 'lamb', obeying Anwar's instructions although he had every opportunity to escape.

"There was no evidence that the bedroom door was locked. He could have rushed out," he said.

Karpal added that Saiful was a young man and strong enough to have fended off the alleged overtures of the accused, but he did not do so.

"He did not show any signs of distress. After being allegedly sodomised, he had coffee with Anwar and even delighted himself by consuming curry puffs.

"He was with the accused for 20 minutes. His credibility is substantially damaged by these revelations.

Karpal added that after the alleged incident, Saiful had every opportunity to complain to the occupants of the opposite unit.

"He instead took the lift down and did not lodge any complaint to the security guards," he said.

The veteran lawyer also pointed out that the next day, Saiful had attended a function at the Parti Keadilan Rakyat headquarters and attended a meeting at Anwar's residence.

"These actions militate against non-consensual sexual intercourse against the order of nature as repeatedly asserted by Saiful in court."

He said Saiful's credibility was further eroded as he only lodged a police report two days after the alleged incident.

"There is no acceptable explanation for this delay," said the lawyer.

The defence also contended that it was very unlikely for Anwar to be engaged in a sexual act as described by Saiful due to his back problem.

Defence witness, orthopaedic surgeon Dr Thomas Hoogland, had testified that Anwar's mobility was limited due to his medical problem.

"Dr Hoogland had said that Anwar could not have carried out vigorous pelvis or hip activities without experiencing pain because he had severe arthritis and nerve damage.

"What was stated by Saiful is rendered unworthy of belief when considered in the light of the evidence adduced by Dr Hoogland," said Karpal.

Saiful had earlier described the sexual act as laju dan rakus (fast and vigorous).

"Saiful's credibility should be re-appraised by this court since it takes the centre stage in the entire case," Karpal said.

Anwar's other lawyer, S.N. Nair, submitted that neither the owner of the condominium unit nor anyone else had seen Saiful at the unit on the day of the alleged incident.

He said the closed-circuit television camera recordings only showed Saiful going into the condominium compound, before leaving later.

Prosecution will submit today before judge Datuk Mohamad Zabidin Mohd Diah.

Anwar, 63, is charged with sodomising Saiful, his former aide, at the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, on June 26, 2008.

Zabidin had, on May 16, ordered Anwar to enter his defence after ruling that the prosecution had proved a prima facie case against him.

-New Straits Times