Saiful's dad: Anwar innocent, Najib unscrupulous

Saiful’s dad: Anwar innocent of sodomy

G Vinod | March 8, 2013

Saiful Bukhari Azlan's father, Azlan Mohd Lazim, said that his son was used by several unscrupulous people, including a special officer to the prime minister, to fabricate lies against the opposition leader.

FULL REPORT

KUALA LUMPUR:  In a shocking turnaround of event, Saiful Bukhari Azlan’s father told a group of selected media today that Opposition Leader Anwar Ibrahim is innocent of the Sodomy II accusation.
In a hastily arranged press conference, Azlan Mohd Lazim,60, said that Anwar was a victim of a vile political conspiracy.
“My son was used by several unscrupulous individuals, including Prime Minister Najib Tun Razak’s special officer, Khairil Annas Jusoh.
“These people masterminded the slander against Anwar, using my son,” he alleged.
Last year, Anwar was acquitted by the Kuala Lumpur High Court on charges of sodomising Saiful, his former aide.
The Attorney-General’s Chambers appealed against the verdict and the Court of Appeal is scheduled to hear the case on July 22.
Azlan, a semi-retiree, said that he had stood by his son’s accusation against Anwar in the past to provide moral support to Saiful.
“He’s my son and I know he is good person but as I was attending his trial in the last four years, I sensed something was amiss.
“Some people also gave me evidence which convinced me of Anwar’s innocence. As a Malay and a Muslim, I cannot continue being a pawn in this evil scheme of things,” he said.
‘My conscience is clear’

During the question and answer session, Azlan claimed that his previous statements to the media were scripted by his lawyer, Zamri Idrus.
“My lawyers prepared my statements, under the instructions of Khairil,” he alleged.
But he admitted that he has never met Khairil personally but heard about the officer from his son.
“The government did not meet me to discuss the case or even ask my opinion. Everything is carefully handed by Khairil,” said Azlan.
On why his son got involved the plot, Azlan said he was in the dark on the matter.
Whether Saiful is aware of him having a press conference today, Azlan refused to comment.
“If he is unhappy, that is up to him. All I know is that my conscience is clear,” he said.
Azlan added that he was prepared to repeat his statement in court if he was given the space.
“God willing, if I have the opportunity, I will also personally tender an apology to Anwar and his family for the troubles they have undergone,” he said.
Saiful had previously sworn in a mosque that he had been sodomised by Anwar, a charge whichwas always denied by the opposition parliamentarian.

Will AG appeal acquittal? Will AG charge Soi Lek?!

Anwar prosecutors to ask A-G to appeal sodomy acquittal

January 11, 2012

Remember on 2:37PM Mar 29, 2010, Malaysiakini reported 'AG accused of 'prosecutorial dishonesty'' and I posted:

AG accused of 'prosecutorial dishonesty': ORAL sex OK! Sodomy TAK ok!

He has charged Anwar with sodomy, but not another politician who was caught with his pants down.

Attorney-General (AG) Abdul Gani Patail has been accused of “dishonesty” and the lack of even-handedness in prosecuting Anwar Ibrahim for sodomy.

Anwar's lawyer Sankara Nair said this in a statement today, in which he questioned why similar action has not been taken against Dr Chua Soi Lek, who has admitted to involvement in oral sex.

Sankara did not name Chua, but referred to the video footage implicating “a former minister of health of the ruling (coalition) ,who has just won the presidency of his party”.

“The (DVD) has been in the public domain for about two years. The video shows him engaging in oral sex with a woman. He also publicly admitted that he was the actor in the video.

“Indeed oral sex with or without consent is no different from anal sex and it clearly falls within the same Section 377B of the Penal Code under which Anwar is charged.”
(Source: Mkini - Support Mkini - Subscribe to Mkini!)

Anwar bebas! Soi Lek pelakon 'oral sex' pun bebas!

Now the whole world knows that Anwar is not guilty.

The whole world also knows that the judiciary is still not free and BN-led government is still not clean!

Read my previous post entitled 'AG accused of 'prosecutorial dishonesty': ORAL sex OK! Sodomy TAK ok!'

He has charged Anwar with sodomy, but not another politician who was caught with his pants down.

Attorney-General (AG) Abdul Gani Patail has been accused of “dishonesty” and the lack of even-handedness in prosecuting Anwar Ibrahim for sodomy.

Anwar's lawyer Sankara Nair said this in a statement today, in which he questioned why similar action has not been taken against Dr Chua Soi Lek, who has admitted to involvement in oral sex.

Sankara did not name Chua, but referred to the video footage implicating “a former minister of health of the ruling (coalition) ,who has just won the presidency of his party”.

“The (DVD) has been in the public domain for about two years. The video shows him engaging in oral sex with a woman. He also publicly admitted that he was the actor in the video.

“Indeed oral sex with or without consent is no different from anal sex and it clearly falls within the same Section 377B of the Penal Code under which Anwar is charged.”
(Source: Mkini - Support Mkini - Subscribe to Mkini!)

Semua orang tahu 'Sodomy II' konspirasi buatan BN

Influential British newspaper The Guardian says Anwar Ibrahim will likely be handed a guilty verdict in the Sodomy II trial, and warned that it will severely hurt Malaysia’s reputation in terms of democracy.

In a hard-hitting column by assistant editor Simon Tidall, said the only person to blame should this happen is Prime Minister Najib Abdul Razak and  warned that “the portents do not look good” for Anwar, as the case winds to a close.

Plying scathing criticism over what he sees as Najib's “authoritarian tendencies” and “blatant scare-mongering”, Tidall urged Malaysia's Western allies to “take a closer look at their friend”, saying, “Malaysia is valued as a trading partner, counter-proliferation collaborator, and non-combatant member of the Afghanistan coalition. But the government's human rights record and democratic practices merit closer scrutiny...As Anwar's ordeal approaches an ugly climax, it seems increasingly unlikely that these benchmarks will be met. The next question is: what will Malaysians and their friends do about it?”

According to the foreign affairs columnist, the sodomy charges, which were levelled soon after Pakatan Rakyat took over five states in the 2008 general election, “hardly seems coincidental”.

Sodomy act 'very unlikely' but still 'very likely' guilty!

Spinal surgeon: ‘Very unlikely’ Anwar sodomised Saiful

By Shazwan Mustafa Kamal

October 07, 2011

Anwar arrives for his sodomy trial in Kuala Lumpur, October 7, 2011. — Picture by Choo Choy May

KUALA LUMPUR, Oct 7 —  An orthopaedic surgeon testified today it was “very unlikely” Datuk Seri Anwar Ibrahim sodomised Mohd Saiful Bukhari Azlan, due to his age and because he suffers from severe arthritis and nerve damage. Dr Thomas Hoogland, who performed surgery on Anwar’s back in 2004 in Munich, Germany, said yesterday that Anwar suffered from three problems — “neck stenosis, facet joint arthritis, and nerve route damage” — that prevented him from engaging in “vigorous activities.”
“I think when we consider the sexual act, it is very, very unlikely that is possible; based on examination of Anwar and findings of MRI, it is not possible for a man his age (to have performed the alleged act),” Dr Hoogland said in his second day at the witness box.
The Dutch surgeon said Anwar would have been in significant pain had he engaged in any act that involving bending and “kneeling”.
He said Anwar’s operation in 2004 left him with arthritis and that his condition had worsened between then and 2008.
Anwar, who has a history of back problems, is accused of sodomising 26-year-old Saiful, a former aide.
The opposition leader was last examined by Dr Hoogland on September 8 this year.
The trial is currently on-going with the Solicitor-General II Datuk Mohd Yusof Zainal Abiden cross-examining Dr Hoogland.
MORE TO COME

Mystery witness is Saiful's former collegemate

Mystery witness is Saiful's former collegemate

9:21AM Oct 4 | 14

LIVE REPORTS Mohd Najwan Halimi says he was in Uniten with Saiful, and stayed in the dorm next to the complainant.

11.22am - 11.33am:
Mohd Najwan b Halimi (in photo with Anwar) is called and says he is working as aide to Anwar in his capacity as Selangor economic advisor. Witness, Mohd Najwan, has known Saiful since 2003, and stayed at the dorm next to his in Universiti Tenaga Nasional (Uniten).

Mohd Najwan says, "Saiful is an active student and has leadership qualities. Saiful and I terlibat program Baktisiswa (were involved in the Baktisiswa programme) *Note: The Baktisiswa programme was launched by then- home minister Syed Hamid Albar. Saiful was deputy president of the programme, and secretary of Majlis Pimpinan Pelajar (Student Leaders Council).* He has leadership. But he likes to gain publicity."

Najwan says he has seen photos of Saiful with many BN leaders, including Syed Hamid Albar, Mustapa Mohamed and Azalina Said Othman when he looked at Saiful's Friendster social network page and in 2008, Saiful put that he is a supporter of BN and declared (that) Anwar is a munafik.

Najwan says he saw Saiful at a political ceramah and maintains Saiful campaigned for BN in 2008.

Witness denies that Saiful idolised Anwar as per his testimony, saying, "He (Saiful) hates Anwar."

11.34am - 11.48am: Najwan is being cross-examined by Yusof.

He says he has worked with PKR's Seri Setia state assemblyperson Nik Nazmi Nik Ahmad, the Transport Ministry, and in UiTM before.

Witness agrees with Yusof suggests it is not odd to post pictures with minister.



11.39am: Najwan denies that what he said about Saiful is speculation and says that he saw a description of Anwar as a munafiq (hypocrite) in Saiful's Friendster which he (Saiful) had entered himself.

"I was surprised why he worked with Anwar, as he hated Anwar."

Yusof asks how often do you discuss about politics with Saiful and Najwan answers, "It is something I cannot answer, as it can be over a meal. Saiful said that Anwar cannot be trusted, and that we need to support the BN government."

In replying to Sankara, Najwan says that he described Saiful's character based on his experience with the later.

Court to resume on Thursday.

Obviously, 'cool' Najib afraid to be interviewed, subpoenaed. NATO Najib!

Najib, Rosmah to snub Anwar trial if no subpoenas

UPDATED @ 02:00:18 PM 03-08-2011

By Shazwan Mustafa Kamal

August 03, 2011

ON Aug 12, 2011

PM and wife: We don't wish to be your witnesses

Najib, Rosmah, Musa subpoenaed

Malaysiakini – Mon, Aug 22, 2011

Anwar Ibrahim’s lawyer Karpal Singh informed the court today the defence has subpoenaed seven witnesses, including Prime Minister Najib Abdul Razak, his wife Rosmah Mansor, former inspector-general of police Musa Hassan and ex-Malacca police chief Mohd Rodwan Mohd Yusof.
He said this after Anwar concluded testifying from the dock this morning, reading out a 32-page statement.
All four individuals had been called to be interviewed by the defence over the past two weeks.
However, all of them stated their refusal to answer any questions when interviewed by the defence.
The others for whom the defence applied for subpeonas are Pusrawi Hospital doctor Dr Mohamad Osman Abdul Hamid, nurse Yazihan Jusoh and a maid from Indonesia known only as ‘Suliati’.
According to Karpal ( right ), they have applied for the subpoenaes and the witnesses are expected to come to court.
Asked whether they can decline, Karpal said they cannot, or warrants of arrest can be issued against them.
"It can only be set-aside. So far, they  have not made any application to do so," he said.
In 1998, Anwar made attempts to call then-prime minister Dr Mahathir Mohamad. The former premier had his own lawyers set aside the attempt.
Another lawyer for Anwar, Sankara Nair ( left ), told Malaysiakini that they applied last Friday for the subpoenaes to be issued.
"The prosecution has accommodated and the subpoenaes have been issued," he said.
This means that all seven were supposed to be at the court's disposal today, said Sankara.
"The prosecution verified that all seven subpoenaes had been served and they were supposed to come."
"Najib, Rosmah, Musa and Rodwan were not in court despite the subpoenas being issued," added the lawyer.
Commenting on this, Anwar said, "We have issued subpoenas for Najib and Rosmah, and there is no reason why they should not come.
"It is important they set a good example, as public figures, by cooperating with the law," he said.
Tomorrow, Anwar's expert witnesses, specialist forensic pathologist Dr David Wells and DNA expert Dr Brian Mc Donald, are scheduled to take the stand, along with Mohamad Osman.

TODAY, That's not cool, Anwar tells Najib

Anwar Ibrahim has described Najib Abdul Razak's application to set aside his subpoena as “not cool”, giving short shrift to the premier's bid to achieve an image makeover and asked, "Now he is filing the application to have it set aside ... why shy away?"

Prior to this, Najib had said he would testify in the Sodomy II trial if subpoenaed, also indicating that he dares to face Anwar in court.

Anwar, is defending himself against the charge based on a complaint by his former aide Mohd Saiful Bukhari Azlan in 2008.

Najib, Rosmah seek to strike out subpoena. No worries. Umno court boleh

Prime Minister Najib Razak and his wife Rosmah Mansor are expected to file an application to strike out subpoenas compelling them to appear as witnesses at PKR de facto chief Anwar Ibrahim's on-going sodomy trial.

A source informed Malaysiakini that the couple intend to file their application today but details surrounding their application remain unclear. The time of the filing of their application is also not known.

Wikileaks: Anwar may be convicted 'at all cost' way before GE in 2012/13!

Opposition leader Anwar Ibrahim may be convicted for sodomy - his second in 10 years - based on the assessment that he is a threat to Umno's continued rule at least until the next general election.

The leaked US diplomatic cable released by Wikileaks stated that Prime Minister Najib Razak and the Umno elites may decide that the political cost of prosecuting Anwar are "acceptable" and pursue the matter aggressively inside and outside court with their overriding goal of jailing Anwar and removing him permanently from politics, according to the 2009 diplomatic note classified as confidential by Mark D Clark, the political counselor at the US embassy in Kuala Lumpur.

Tthe cable that was sent to the US State Department in Washington two years ago by ambassador James R Keith, said, "While asserting that this is purely a law enforcement matter, the government exerts political pressure as necessary, accepting reputational risks in the process, and achieves a conviction after months of high-profile drama in the courtroom. The courts will hear and reject Anwar's appeals in an expedited manner, well ahead of the next national elections in 2012 or 2013."

Thailand has her 'Dr Death'. Malaysia has her 'killer' DNA expert, Dr. Seah

Aussie DNA expert says local scientist could have ‘killed’ someone

UPDATED @ 04:44:43 PM 25-08-2011

By Debra Chong

August 25, 2011

KUALA LUMPUR, Aug 25 — Government scientist Dr Seah Lay Hong would have lost her job if she worked in Australia, a foreign DNA expert told Datuk Seri Anwar Ibrahim’s sodomy trial today.
Consultant molecular geneticist Dr Brian McDonald told the High Court that Dr Seah’s casual attitude in learning that two containers holding DNA samples that were likely mislabelled and doing nothing about it was a “sackable offence”.
Dr Seah is the government’s DNA expert who had allegedly told the court to give the benefit of the doubt when questions were raised over the dates on two containers holding DNA samples sent to her for analysis.
Both containers bore labels that were dated June 26, 2008.
Anwar is charged with sodomising former aide Mohd Saiful Bukhari Azlan in a Damansara Heights condominium on the same date.
The court has been told the complainant was swabbed for test samples of his DNA only after seeing doctors two days later, on June 28, 2008.
Dr McDonald, who was briefed of the history of the case, said such a labelling meant one of two things, either the samples were indeed taken on June 28, 2008; or the samples were labelled wrongly.
“This is a sackable offence,” he testified.
“You could kill someone. If you change something on a medical result, you could kill someone,” he said.
Dr McDonald explained that the proper thing to do would be to verify with the source if there has been a mistake and move quickly to correct it and have those steps recorded.
The Australian scientist, who is a witness for Anwar’s defence, was replying to questions from lawyer Ramkarpal Singh Deo.
“If it’s a mistake, you have to correct it and document it. You have to do something. It’s not an option that is open to the recipient,” he stressed.
The court was told there was no record of any such correction made.
Dr McDonald also appeared surprised by the high sperm count recorded during the laboratory analysis of the swab samples collected from the complainant.
He explained to the court that such density is normal only if recorded within the first six to eight hours after ejaculation.
He said he had expected to see a very low sperm count, if any, because the samples were collected close to 100 hours after and stored in less than optimal conditions.
The defence had highlighted the samples swabbed from Saiful’s anus were also stored in an airtight receptacle and kept in a locker at room temperature, which Dr McDonald said went against fundamental laboratory practices.
He said the samples should have been smeared onto a glass slide, air-dried and immediately frozen at -20 degrees Centrigrade, to stop the growth of bacteria from destroying the sperm cells.
Ramkarpal then asked if it was “reasonable to infer that the samples collected from the complainant were not the same as the samples analysed by Dr Seah?”
“The bells would be ringing to me as a scientist. I would be alerted to the results that are inconsistent with the history [of this case],” Dr McDonald replied.
The trial will resume tomorrow with the Australian back in the witness box.

Sodomy II: Prosecution grills foreign expert: The kangaroo court resumes...

Opposition Leader Anwar Ibrahim's defence enters its third day today with the prosecution cross-examining forensic pathologist Dr David Wells.

The Australian expert, who is the third defence witness, has yesterday told the court that the alleged semen sample retrieved from sodomy complainant Mohd Saiful Bukhari Azlan could not have revealed the desired results.

This was because the sample was taken more than two days after the alleged incident.

The alleged sodomy incident happened in the afternoon of June 26, 2008, and the sample was retrieved from Saiful between 9pm and midnight on June 28, 2008.

In addition, he said that the sample was not properly stored in the police station and it was given to chemist for testing two days later.

Dr Wells, who is an expert in the field of sexual assault cases, also testified yesterday that when retrieving samples from alleged victims, he would be working alone and only assisted by nurses. This, he said, was to prevent contamination.

In the case of Saiful, four doctors attended to complainant in retrieving samples in the present of investigating officer Supt Jude Blacious Pereira.

It expected that the prosecution will question Wells on Saiful's Hospital Kuala Lumpur medical report, which the doctor had described as inaccurate.

After Wells, another Australian expert hired by Anwar, DNA specialist Dr Brian McDonald, is expected to take the witness stand.

LIVE REPORTS

8.46am: It is learnt that former Malacca police chief Mohd Rodwan Mohd Yusof, who has been subpoenaed to testify, is also in the witness room.

He was the aide de camp for then deputy prime minister Najib Abdul Razak, who met Saiful in a hotel a day after the complainant met Najib.

8.50am: The prosecution team led by solicitor-general II Mohd Yusof Zainal Abiden are in court.

8.55am: Defence lawyer Sankara Nair arrives with Dr David Wells in tow.

8.59am: Anwar arrives with his wife, Dr Wan Azizah Wan Ismail. Also present in the courtroom is Johor PKR chief Chua Jui Meng.

9.03am: Court called into session with High Court justice Mohamad Zabidin Mohd Diah presiding...

Did Najib and Anwar REALLY BONK Altantuya and Saiful respectively?

'Anwar is a gay,' someone told me today.

I thought to myself, 'Well, the Government has indeed done a good job in producing the sequel 'Sodomy II'.'

How can this someone hold the view that Anwar is a gay?

Well, I think Raja Petra's article today really sums it all up!
Raja Petra Kamarudin:
So, never mind what happens during Anwar’s trial. And never mind whether they do or do not put Najib on trial. Everyone’s mind is already set. They already believe what they believe. And whatever you or the court may say is not going to change this belief.

PM and wife scared to come to court. Rosmah: "Don't bully me, Mr. Karpal"

PM and wife: We don't wish to be your witnesses

Premier Najib Abdul Razak and his wife told lawyers representing the opposition leader and also defendant Anwar Ibrahim that they do not want to be defence witnesses.

This was revealed by lead counsel Karpal Singh and also by Sankara Nair who along with senior lawyer Param Cumaraswamy and Ram Karpal, were in the same room when the witnesses were brought in, one by one.

When the defence team arrived at the court complex, Najib and Rosmah were already there.

When the defence team asked Najib who came in first, he said, “I do not wish to be a defence witness. I do not want to be interviewed.”

After Najib, Rosmah came in and made the same statement, followed by former Malacca police chief Mohd Rodwan Mohd Yusof.

All the three of them were in the room and they did not come with their lawyers.

Najib and Rosmah arrived about 2.55pm and left at 3.28pm with their aides standing outside while they attended the brief interview.

Karpal said normally, they would give the defence advance notice but there had been no indication that Najib and Rosmah would turn up today. Therefore, they were caught by surprise.

Karpal described Rosmah as very tense when asked questions and at at one point, she said, “do not bully me, Mr Karpal” and said he did not know why Najib and Rosmah were frightened to come to court, in describing their refusal to answer questions.

Saiful said sodomised without consent yet “voluntarily” allowed sodomy! ;-)

Charge Saiful for lying in court, says Karpal

UPDATED @ 06:53:23 PM 25-04-2011

By Shazwan Mustafa Kamal

April 25, 2011

KUALA LUMPUR, April 25 — Karpal Singh has demanded that Mohd Saiful Bukhari Azlan be charged with “lying” in court about being sodomised by Datuk Seri Anwar Ibrahim.

The lead defence counsel, in presenting submissions on whether Anwar should be called to enter his defence today, charged that Saiful was not a credible witness, and that the current charge against Anwar should immediately be dropped.

Karpal said there were too many inconsistencies between the charge against Anwar and the testimony given by the star witness in the Sodomy II trial.

He urged the court to direct the prosecution to charge Saiful under section 195 of the Penal Code for fabricating evidence with intent to procure conviction of an offence punishable with imprisonment.

The veteran lawyer’s main contention was that although Saiful has accused Anwar of sodomising him, his testimony proved otherwise and showed that “there was no element of hesitation” on Saiful’s part during the alleged act of intercourse on June 26, 2008.

“It is obvious SP1(Saiful) lied when he stated in his police report that ‘Perkara ini berlaku tanpa kerelaan’ (the act happened without consent).

“The court should direct the Public Prosecutor to frame a charge against SP1 (Saiful) under section 195 of the Penal Code... a message should be sent out loud and clear that the judiciary will not tolerate abuse of its process resulting in the conviction of an innocent person,” said Karpal.

The lawyer said the conduct of the accuser was inconsistent with that of a person who was sexually violated.

According to Karpal, Saiful had every opportunity to leave the condominium unit of Desa Damansara on June 26 but based on his testimony in court, he did not do so.

Karpal pointed out that Saiful’s testimony indicated he had “voluntarily” followed through with the alleged sodomy and did not show any form of restraint.

“I am not saying that the act happened... but Saiful was a young man of 23 and strong enough to have fended off the alleged overtures of the accused in the bedroom, but he did not do so.”

He said Saiful had even attended a PKR function the next day, an act unbecoming of a person who had just been sexually violated.

“These actions of SP1 militate against non-consensual sexual intercourse against the order of nature. The credibility of SP1 is further eroded,” he said.

Karpal also reminded 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 befall by this fallacy again. Saiful must be seen as a reliable witness if the court wants to call for defence,” he said.

Karpal also said that Anwar had been placed at a “tactical disadvantage” as he was charged under section 377B of Penal Code relating to consensual intercourse with no mandatory imprisonment, instead of Section 377C of the Penal Code pertaining to non-consensual intercourse with mandatory imprisonment for a term of not less than five years.

The defence also sought to raise doubts over the testimonies of witnesses Dr Mohd Razali Ibrahim, Dr Siew Sheue Feng and Dr Khairul Nizam Hassan.

Another defence lawyer, Sankara Nair, said Dr Razali was evasive when answering on simple aspects of bowel physiology when he had testified Saiful’s rectum was empty.

The lawyer questioned why the KY Jelly lubricant, used by Saiful in the alleged sodomy, was not analysed despite being admitted as evidence together with the other items.

The item was filed as evidence through ASP Jude Pereira.

This led Sankara to Pereira, whom the lawyer accused of evidence tampering.

Sankara described Pereira as an “untruthful witness” as the officer had violated the Inspector General’s Standing Orders in repacking the cotton swabs.

“The prosecution must not cringe and resort to desperate moves by attempting to move the goal post every time they find themselves pushed in a legal corner,” said Sankara.

The trial resumes tomorrow morning.

Anwar, the 63-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.

He has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction.

The trial began 18 months after Anwar was charged in court in August 2008.

He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.

He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.

He led the loose pact of PKR, DAP and PAS to a historic sweep of five states and 82 parliamentary seats in Election 2008.

Right-thinking Malaysians know that right from the start, the prosecution and judge have already decided that Anwar is guilty!

Crucial evidence allowed: Justice Zabidin cowed under pressure?

Court delivers blow to Anwar, crucial evidence allowed

Hafiz Yatim
Mar 23, 11
7:42am

 

The Kuala Lumpur High Court today delivered a major blow to Anwar Ibrahim in his sodomy trial when it reversed its ruling on the trial-within-a-trial and said that three disputed items can now be admitted as evidence. Judge Mohamad Zabidin Mohd Diah however rejected the prosecution's application to compel Anwar to give his DNA sample, saying this is no longer neccessary in view of his decision today.

The prosecution had last week made two applications - to review the ruling on the trial-within-a-trial and for the judge to order Anwar to surrender his DNA sample.

Lead defence lawyer Karpal Singh had described the second application as having never been done before in the “history of the country, Commonwealth and the world”.

Solicitor-General II Mohd Yusof Zainal Abiden had submitted that obtaining a DNA sample from Anwar is “crucial and relevant” to determine whether it matches the DNA retrieved from the sperm found in complainant Mohd Saiful Bukhari Azlan's rectum.

"There has been no application like this before but it does not mean it cannot be done ... or else Section 165 of the Evidence Act will be mere words. We have the evidence but due to technical reasons it was not admitted (by the judge)," he argued last week.

Justice Zabidin had ruled that DNA samples from three key items - a towel, mineral water bottle and toothbrush - were inadmissible as they were unfairly obtained.

LIVE REPORTS
8.21am: There is a smaller police presence compared to Monday when there was some speculation that supporters of Anwar Ibrahim would hold a protest.
A number of supporters are milling outside the courtroom at the Jalan Duta court complex in Kuala Lumpur where the trial is being held.
The hearing is expected to begin at 9am.
8.43am: Journalists and the public are allowed to enter the courtroom by police.

Lead defence counsel Karpal Singh has arrived but is outside chatting with a few people.
8.46am: Karpal is wheeled into courtroom. The team of prosecutors has yet to arrive.
8.50am: The court is abuzz with talk about a sex video tape, said to depect someone resembling Anwar.

8.52am: Solicitor-General II Mohd Yusof Zainal Abiden enters the courtroom.

8.53am: Anwar arrives with his wife, Dr Wan Azizah Wan Ismail, and their two daughters.

One of Anwar's aides is seen carrying a red cushion. The cushion has been a permanent feature in this trial. It is placed on the wooden bench in the dock as Anwar has a bad back.
8.58am: Wan Azizah appears to be in high spirits.

Justice Mohamad Zabidin Mohd Diah steps in to deliver his decision.

Sodomy II: Prosecution's final witness testifies: Saiful's underwear shown!

The prosecution in the Anwar Ibrahim sodomy trial today wrapped up its case with the final witness, investigating officer Supt (then DSP) Jude Blacious Pereira, taking the stand.

In his testimony, Pereira provided the links to the chain of evidence the police have secured in its investigation on the opposition leader.

However, the prosecution's case has been seriously undermined when Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah rejected the alleged DNA evidence which was obtained illegally from Anwar while he was held in a police lock-up.

Zabidin had ruled on Tuesday that the evidence be expunged.

Yesterday former Hospital Kuala Lumpur clinical pathologist Dr Razuin Rahimi testified that complainant Mohd Saiful Bukhari Azlan had told her there was full penetration and that he refused to perform oral sex during the alleged incident.

LIVE REPORTS

8.43am: The prosecuting team led by solicitor-general II Mohd Yusof Zainal Abiden is in court as well as members of the defence team, Param Cumaraswamy and Sankara Nair.

Two big television screens have been erected in court, probably to show certain evidence.

8.52am: Opposition Leader Anwar Ibrahim arrives with wife and PKR president Dr Wan Azizah Wan Ismail.

Lead defence counsel Karpal Singh is seen having a chat with other defence counsel outside.

9.03am: Karpal, who is in a wheelchair, is wheeled into the courtroom. The court is about to start.

9.06am: Court in session with High Court judge Mohamad Zabidin Mohd Diah presiding.

9.07am: Investigating officer Jude Blacious Pereira takes his oath. He is attached to Bukit Aman's legal and prosecution division.

Questioned by solicitor-general II Mohd Yusof Zainal Abiden, he says he is Brickfields CID (Criminal Investigation Department) chief.

9.10am: Pereira says Anwar faces a charge under section 377B following complaint from Mohd Saiful Bukhari Azlan.

"I investigated the case," he tells the court.

Saiful called into the courtroom to be identified by Pereira.

...

9.42am: Those in public gallery laugh when Saiful's underwear shown

Pereira says another blue-black underwear was retrieved from Saiful's girlfriend's house, which had been washed and identifies the underwear, saying, "It was wet then."

Saiful's underwear is the symbol of Malaysia gutter politics!

Dr Seah: Not possible to find other people's DNA inside the anus if attempted sodomy

Defence lawyer Karpal Singh stole the thunder in cross-examining a government chemist this morning, asking Dr Seah Lay Hong if she thinks sodomy complainant Mohd Saiful Bukhari Azlan 'is a passive homosexual'.

The focus of the Sodomy II trial in the Kuala Lumpur High Court was on whether the Chemistry Department had followed international standards in handling DNA samples provided by the police.

Karpal, who was the last of the defence team to cross-examine Seah, a DNA specialist, questioned her about the multiple DNA profiles found in Saiful's rectum and asked, “Is it reasonable to conclude the victim is a passive homosexual?”

Seah said she was unable to answer the question, and Justice Mohamad Zabidin Mohd Diah initially indicated he would not allow the question but when Karpal pointed the relevancy of the question, the judge backed down.

After the prosecution raised an objection, Karpal also asked Seah how someone's DNA could end up in Saiful's rectum if the pro-forma medical form states that the issue relates to an 'attempted sodomy', saying,  “If it is attempted sodomy, you will not find other people's DNA inside the anus?”

Seah said not possible.

Ahh...all the world, not just us Malaysians, can see and know that the Sodomy II trial's a stage and all the men and women merely players!

Dr Seah Lay Hong had not been sodomized before. So, she wouldn't know!

Semen in anus Saiful’s own, Anwar lawyers claim

By Shazwan Mustafa Kamal

February 21, 2011

Saiful’s (right) DNA was found both on the sperm and non-sperm extracts. — file pic

KUALA LUMPUR, Feb 21 — Datuk Seri Anwar Ibrahim’s Sodomy II trial took a another twist today when defence lawyers suggested that one of the two DNA profiles from semen found in Mohd Saiful Bukhari Azlan’s anus belonged to the complainant himself.

Ramkarpal Singh, one of Anwar’s lawyers, argued that Dr Seah Lay Hong’s chemist report findings showed that seminal fluids found in Saiful’s high rectal area may be his own as Saiful’s DNA profile —  identified as profile “12, 13” — was more “dominant” than the DNA profile of an unidentified “Male Y.”

“Saiful is the main contributor in the high rectal swab.

“I suggest to you the profile in B8 (swab) is Saiful, therefore (it) can be interpreted that [his] semen was found up his own anus,” Ramkarpal told the court today.

Dr Seah, however, denied this, saying that there were two types of extracts found in high rectal area — non-sperm and sperm extracts.

Saiful’s DNA profile, according to the government scientist, fell in the first category.

“Yes even though Saiful’s DNA profile ‘12, 13’ was categorised under non-sperm extract, what Dr Seah has not answered is that his DNA is also found under the sperm extract of B8.

“Saiful’s DNA is not only the main contributor in this case, but it is also found in both extracts,” defence counsel Sankara Nair told The Malaysian Insider later.

The findings of the chemist report confirmed Sankara’s arguments, as Saiful’s DNA profiles were found both on the sperm extract and the non-sperm extract.

Earlier in court today, Anwar’s lawyers continued the cross-examination of Dr Seah by asking her to comment on the validity of the chemist report.

“You’ve got a situation here where ejaculation into anus was 56 hours before report. Would you expect to see degradation in sperm quality and DNA?” asked Ramkarpal.

In response, Dr Seah said that there was “no need” to take extra steps to determine degradation despite semen being in the anus for over two days.

“It’s hard to pinpoint degradation,” she said.

Ramkarpal also questioned why there were no seminal stains found on Saiful’s undergarments and trousers if semen had been ejaculated into the complainant’s anus.

Dr Seah refused to comment on the matter, and said that Ramkarpal’s question was just a “speculation.”

The trial will continue tomorrow morning with further cross-examination of the prosecution witness, as well as the re-examination by the prosecution.

Saiful had complained that Anwar, his ex-boss, had sodomised him at a luxury condominium in upper-class Bukit Damansara here on June 26, 2008.

Saiful, now aged 25, has never named anyone else.

Anwar, the 63-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.

He has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him.

He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.

He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.

He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.

He led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.

Written in black and white: Attempted sodomy and attempted oral sex

Sodomy II: Dent in prosecution case


Lead defence counsel Karpal Singh managed to put a major dent into the prosecution's case in Anwar Ibrahim's sodomy trial in the Kuala Lumpur High Court.

The veteran lawyer pointed out this morning that the pro forma form filled by doctors - mainly forensic pathologist Dr Siew Shueu Feng - who had interviewed and examined complainant Mohd Saiful Bukhari Azlan on June 28, 2008, has the words 'attempted sodomy' and 'attempted oral sex'.

Former HKL Accident and Emergency Unit head Dr Khairul Nizam Hassan (left) told the court that Saiful had told the medical team that he had been sodomised and forced to perform oral sex but Saiful did not mention 'attempted' but 'sodomy' and 'oral sex'.

When shown the pro forma form, however, Khairul Nizam agreed the form states 'attempted sodomy' and 'attempted oral sex' yet he maintained that the medical examination was conducted to check for sodomy and oral sex.

When Karpal pursued the matter, asking many times if the pro forma form was based on interviewing Saiful, the witness,  Khairul Nizam, agreed  but stressed that the form is just as a guideline.

"How can you say it is sodomy or oral sex when the report states 'attempted'?" asked Karpal and persisted with this line of questioning until Solicitor-General II Mohd Yusof Zainal Abiden - who is leading the prosecution team - objected to the repetition of the questions.

Karpal also pointed out that vital information that included the circumstances that led to the alleged incident; on the complainant's medical history; and on past rectal examination as to whether or not the victim had defecated, which should have been indicated in the pro forma form had not been filled by the doctors.

HKL doctor: We work without fear or favour - Can we see if you work without fear or favour? Only God knows

HKL doctor: We work without fear or favour

The sodomy trial resumes today with senior counsel Karpal Singh expected to grill Hospital Kuala Lumpur pathologist Dr Siew Sheue Feng about the medical pro-forma forms.

The pro-forma form is a standard sexual assault victim questionnaire and in this case it would be on the complainant, Mohd Saiful Bukhari Azlan, who is former political aide to Opposition Leader Anwar Ibrahim.

In the last court session, Siew provided a blank pro-forma form for the defence's reference.

Siew, had also pointedly refused to refer to the medical notes during the defence's cross-examination but he received a lot of flak after he was caught referring to it during the break.

As a result, Kuala Lumpur High Court judge justice Mohd Zabidin Mohd Diah has ordered it to be provided to the defence.

Solicitor-general II Mohd Yusof Zainal Abiden returns to court after having recovered from a leg fracture.

The trial has also attracted a Finish embassy representative among many other foreign observers.

LIVE REPORTS

8.29am: Sodomy complainant Mohd Saiful Bukhari Azlan's father Azlan Mohd Lazim is in court at the Jalan Duta Court Complex in Kuala Lumpur.

8.35am: There are not many people in court so far. It could be because the Royal Commission of Inquiry on Teoh Beng Hock is kicking off its hearings today also at the Jalan Duta Court Complex.

Journalists and the public are allowed to go into the courtroom. The public prosecuting team led by solicitor-general II Mohd Yusof Zainal Abiden enters the courtroom from a separate entrance.

8.36am: A representative from the Australian embassy arrives along with PKR MP Johari Abdul, who represents Sungai Petani, Kedah.

Also there are not many journalists, particularly from the Chinese press, as probably the attention is on the RCI.

8.39am: Anwar arrives with wife and PKR president Dr Wan Azizah Wan Ismail along with approximately a dozen of supporters.

Also seen in court is former Jeli MP Mohd Apandi Mohamad from PAS, who was acquitted last Friday of 13 charges of falsifying documents pertaining to his parliamentary accommodation claims nine years ago.

8.41am: Lawyer Sankara Nair arrives with Australian pathologist Dr David Wells, who has been hired to advise the defence team.

9.01am: Selangor Menteri Besar Khalid Ibrahim walks into the courtroom and shakes hand with everybody.

Also sitting in the public gallery is Machang MP and PKR secretary-general Saifuddin Nasution.

9.05am: Court called into session with High Cout justice Mohd Zabidin Mohd Diah presiding.

There is however no sign of lead defence lawyer Karpal Singh. The public gallery is quite full with about 70 people.