Shafee stopped from questioning Anwar over 2nd sodomy case in defamation suit

A gaunt-looking Datuk Seri Anwar Ibrahim arriving at the Kuala Lumpur High Court today. Anwar is suing his former tennis buddy for defamation. – The Malaysian Insider pic by Najjua Zulkefli, May 15, 2015.

Datuk Seri Anwar Ibrahim's RM60 million defamation suit against his former tennis partner Datuk S. Nallakaruppan was adjourned today after the judge stopped a lawyer from questioning the jailed PKR de facto leader over his second sodomy conviction.

High Court judge Datuk Mohd Zaki Abdul Wahab stopped Nallakaruppan's lawyer Tan Sri Muhammad Shafee Abdullah from questioning Anwar's character over the second sodomy case, saying the conviction came after the defamation suit was filed against Nallakaruppan seven years ago.

He said he needed both lawyers to submit further on the issue when Shafee insisted on questioning Anwar over the second sodomy case, telling the judge it was relevant.

Anwar's lawyer Latheefa Koya had objected to the line of questioning, saying it was prejudicial to her client when Shafee brought up the Anwar's past convictions.

The judge then adjourned hearing to May 21.

Anwar filed the suit against Nallakaruppan in 2008 over alleged derogatory remarks in an article, "Anwar terima RM60 juta" (Anwar receives RM60 million) which was published in the Mingguan Malaysia and Sinar Harian newspapers.

In his statement of claim, Anwar said the defamatory words implied that he was a person of low morals and that he was not a good Muslim as the money was allegedly from gambling firm Magnum Corporation.

Shafee picked on this today and told the court: "In this case, he said that the impugned words implied that he was of low morals and not a good Muslim.

"So if I can show that he is a convicted person not once but twice, it can show the issue of low morals, so where is the defamation here, therefore it is relevant," Shafee said, asking for permission to bring in the second sodomy conviction.

But Latheefa countered that this was not mentioned in the defence and brought up suddenly today, adding that it was highly prejudicial to Anwar.

The judge allowed Shafee to question Anwar on a previous corruption conviction, but stopped him  when he raised the second sodomy conviction.

The judge told urged both parties to submit on points of law on the issue at the next hearing.

Earlier, Shafee asked Anwar during cross-examination if Nallakaruppan had expressly said that the RM60 million Anwar allegedly received was corrupt money.

To this Anwar said that it would not have much implication if the words had been "Anwar sitting in Sungai Buloh had received RM60 million".

"Any person who is not stupid will see a personal contribution of RM60 million to a minister, which I was at that time, as a bribe, it will surely be regarded as a bribe," he retorted.

When Shafee asked him what laws were contravened when such money was received, Anwar said it went against the Anti-Corruption Act and would also have implications on tax payments.

"I don't remember the exact sections of the law but if a minister is said to have received RM60 million in personal contributions, the MACC would be duty bound to investigate," Anwar said.

Anwar also testified that the allegations were untrue and that Nallakaruppan had made the allegations when Anwar was campaigning for the Permatang Pauh by-election which was set for voting on August 26, 2008.

"I was then the candidate for PKR and I believe the words were uttered to spoil my chances of winning the by-election."

Anwar also said that he knew Nallakaruppan before the defamatory words were said.

He said Nallakaruppan was a member of PKR, and left the party after he failed to get Anwar's support when he was vying for the post of vice president in the 2007 party elections.

Anwar said that Nallakaruppan also failed to get his support to be the candidate for the Ijok state seat by-election in 2007.

"After he left the party, he criticised and attacked me and the party continuously," Anwar told the court.

On April 14, 1999, Anwar was sentenced to six years in prison after being convicted of corruption.

On August 8, 2000, he was sentenced to nine years in prison for sodomy.

In September 2004, the Federal Court overturned his sodomy conviction.

In February this year, he was convicted on another sodomy charge and sentenced to five years in prison.

- TMI