Sodomy II: Anwar ordered to enter defence

By Shazwan Mustafa Kamal | May 16, 2011
The Malaysian Insider

KUALA LUMPUR, May 16 — Datuk Seri Anwar Ibrahim will have to defend himself on a charge of sodomising former aide Mohd Saiful Bukhari Azlan three years ago, the High Court ruled today.

Trial judge Datuk Mohd Zabidin Mohd Diah concluded that there was a prima facie case against the 63-year old Pakatan Rakyat (PR) de facto leader, facing a second sodomy case charge in 13 years.

He was sacked as deputy prime minister and finance minister after the first case came to light in 1998.

“Prosecution proven all facts to define charge. Prima facie case made out against accused. Accused therefore called to enter defence,” said Mohd Zabidin today.

Anwar’s lawyers, in their submissions throughout the prosecution’s case, have attacked the credibility of the star witness Saiful as well as the lab findings of the government chemists.

They had charged that Saiful had lied in open court, and charged that there were many loopholes in his testimony.

The judge, however, quashed all arguments relating to Saiful’s credibility, saying that the complainant’s testimony was indeed reliable.

“I found PW1 credible witness, his evidence reliable,” said Mohd Zabidin.

The judge also ruled that there was nothing “inconsistent” with clinical findings by Hospital Kuala Lumpur specialists in the case.

“All three doctors testified positively, conclude there was penile penetration,” said the trial judge.

Defence lawyer Sankara Nair argued against accepting the DNA samples in the trial as the samples were kept by investigating officer ASP Jude Pereira for 97 hours before being given to the chemist.

The prosecution team, led by Solicitor-General II Datuk Mohd Yusof Zainal Abiden, argued that the DNA samples taken from three items in a cell where Anwar spent the night on July 16, 2008 matched with the “Male Y” DNA profile.

Yusof had also said Anwar was the sole detainee in the lockup at the time when the items — a “Good Morning” towel, toothbrush and mineral water bottle — were retrieved.

Chemist Dr Nor Aidora Saedon and Supt Amidon Anan were called earlier in April to identify the items to be marked as exhibits.

Government scientist Dr Seah Lay Hong testified last March that she had found two unknown male DNA profiles from samples retrieved from around Saiful’s anus, one of which she had earlier called “Male Y”.

The trial will resume from June 6 to 30.

Anwar 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, the DAP and PAS to a historic sweep of five states and 82 parliamentary seats in Election 2008