themalaysianinsiderAnwar gets extra proof, prosecutors to appeal
UPDATE 2
By Debra Chong
KUALA LUMPUR, July 16 — Datuk Seri Anwar Ibrahim's defence was today allowed by the Kuala Lumpur High Court to get extra evidence it says the prosecution is hiding in the opposition leader's sodomy trial but prosecutors say they will appeal the decision.
Judge Datuk Mohamad Zabidin Mohd Diah ruled in favour of Anwar this afternoon after spending a total of a day listening to arguments from the parliamentary opposition leader's defence team led by Subang MP Sivarasa Rasiah and the prosecution led by Datuk Yusof Zainal Abiden.
He said there was no provision in law that bars the prosecution or stops the court from providing relevant documents. However, Yusof said he will apply tomorrow to stay the judge's decision before filing an appeal against it at the Court of Appeal.
The judge said the prosecution has 10 days to give copies of CCTV clips of Mohd Saiful Bukhari Azlan in the condominium complex where Anwar is accused of sodomising him in June last year and medical examination notes and chemist notes.
The courtroom was packed to hear the judge's decision after he adjourned hearing earlier this morning. Among those present was Anwar's wife, PKR president Datuk Seri Wan Azizah Wan Ismail.
Anwar told reporters he was happy with the judgment but said the defence had to go through due process as it could not be presumptuous due to past experience.
The 61-year-old grandfather, who stands accused of sodomising his former male aide Saiful in June 2008, has repeatedly claimed he is being denied a fair trial.
The former deputy prime minister, who made his political comeback last year, has also applied to strike out the sodomy charges against him. The judge fixed July 24 to hear that application.
He is also trying to disqualify the present seven-member prosecution team headed by Yusof . He claims they are a part of a “malicious” prosecution handpicked by Attorney-General Tan Sri Abdul Gani Patail, whom he accuses of trying to put an end to his political career.
If convicted, Anwar faces up to 20 years in prison, effectively snuffing his dreams of taking over the federal government.
Earlier in the morning, there was the first lively exchange between the defence and prosecution in the lead-up to the Sodomy II trial.
While wrapping up the defence team's bid to get more proof from the prosecution, Anwar's lawyer Sivarasa Rasiah accused the prosecution of actively trying to bury important records that could prove the opposition leader's innocence, just as it did in the first sodomy trial 10 years ago.
“The danger of suppression of evidence happened in Sukma's case and is happening in this case,” Sivarasa charged today, referring to medical reports on Anwar's Indonesian adopted brother Sukma Darmawan Sasmitaat Madja, which came to light years later and helped clear his name of the crime.
“This application is to prevent that from happening. We can see the resistance,” the Subang MP added, provoking an outcry from Yusof.
Yusof, the Solicitor-General II, denied Sivarasa's claim and insisted that if the view were true, the defence would not have received anything from the prosecution.
“In this case, we have supplied documents so suppression of evidence does not exist,” he said huffily, prompting Sivarasa to stand up quickly to raise a point.
But the High Court judge must have caught a certain look on Sivarasa's face, because he immediately stepped in and cut off both parties.
“Point taken. You're just saying there should be no suppression of evidence, OK?” said Mohamad Zabidin.
The federal lawmaker, however, was dissatisfied with the judge's action and later told reporters that the exchange between him and Yusof “affirms our contention that there is an active political conspiracy” targeted at the PKR leader.
Anwar's other lawyers Edmund Bon and Amer Hamzah Arshad had kicked off today's hearing with their rebuttal against Yusof's reading of the law yesterday, claiming the court has no power to force it to give extra proof.
By Debra Chong
KUALA LUMPUR, July 16 — Datuk Seri Anwar Ibrahim's defence was today allowed by the Kuala Lumpur High Court to get extra evidence it says the prosecution is hiding in the opposition leader's sodomy trial but prosecutors say they will appeal the decision.
Judge Datuk Mohamad Zabidin Mohd Diah ruled in favour of Anwar this afternoon after spending a total of a day listening to arguments from the parliamentary opposition leader's defence team led by Subang MP Sivarasa Rasiah and the prosecution led by Datuk Yusof Zainal Abiden.
He said there was no provision in law that bars the prosecution or stops the court from providing relevant documents. However, Yusof said he will apply tomorrow to stay the judge's decision before filing an appeal against it at the Court of Appeal.
The judge said the prosecution has 10 days to give copies of CCTV clips of Mohd Saiful Bukhari Azlan in the condominium complex where Anwar is accused of sodomising him in June last year and medical examination notes and chemist notes.
The courtroom was packed to hear the judge's decision after he adjourned hearing earlier this morning. Among those present was Anwar's wife, PKR president Datuk Seri Wan Azizah Wan Ismail.
Anwar told reporters he was happy with the judgment but said the defence had to go through due process as it could not be presumptuous due to past experience.
The 61-year-old grandfather, who stands accused of sodomising his former male aide Saiful in June 2008, has repeatedly claimed he is being denied a fair trial.
The former deputy prime minister, who made his political comeback last year, has also applied to strike out the sodomy charges against him. The judge fixed July 24 to hear that application.
He is also trying to disqualify the present seven-member prosecution team headed by Yusof . He claims they are a part of a “malicious” prosecution handpicked by Attorney-General Tan Sri Abdul Gani Patail, whom he accuses of trying to put an end to his political career.
If convicted, Anwar faces up to 20 years in prison, effectively snuffing his dreams of taking over the federal government.
Earlier in the morning, there was the first lively exchange between the defence and prosecution in the lead-up to the Sodomy II trial.
While wrapping up the defence team's bid to get more proof from the prosecution, Anwar's lawyer Sivarasa Rasiah accused the prosecution of actively trying to bury important records that could prove the opposition leader's innocence, just as it did in the first sodomy trial 10 years ago.
“The danger of suppression of evidence happened in Sukma's case and is happening in this case,” Sivarasa charged today, referring to medical reports on Anwar's Indonesian adopted brother Sukma Darmawan Sasmitaat Madja, which came to light years later and helped clear his name of the crime.
“This application is to prevent that from happening. We can see the resistance,” the Subang MP added, provoking an outcry from Yusof.
Yusof, the Solicitor-General II, denied Sivarasa's claim and insisted that if the view were true, the defence would not have received anything from the prosecution.
“In this case, we have supplied documents so suppression of evidence does not exist,” he said huffily, prompting Sivarasa to stand up quickly to raise a point.
But the High Court judge must have caught a certain look on Sivarasa's face, because he immediately stepped in and cut off both parties.
“Point taken. You're just saying there should be no suppression of evidence, OK?” said Mohamad Zabidin.
The federal lawmaker, however, was dissatisfied with the judge's action and later told reporters that the exchange between him and Yusof “affirms our contention that there is an active political conspiracy” targeted at the PKR leader.
Anwar's other lawyers Edmund Bon and Amer Hamzah Arshad had kicked off today's hearing with their rebuttal against Yusof's reading of the law yesterday, claiming the court has no power to force it to give extra proof.
Anwar and Wan Azizah leaving the court after the hearing was adjourned to later in the day.
Anwar and Wan Azizah leaving the court after the hearing was adjourned to later in the day.
Taking it in turns, the tag team duo rejected Yusof's view.
Bon insisted the court has a role to play in making sure the accused person's right to defend himself fully is protected, especially when the accused is challenging the prosecution in court for withholding relevant information.
He said the court must not be confused on the type of evidence that can be admitted in the trial, stressing that at the pre-trial stage, the accused has rightsto all material that may help his case, even if the prosecution decides not to use it later on.
“We're not saying these documents should be given more weight now,” Amer added in his turn in arguing to be given the case notes from the doctors and the chemist outlining the way they arrived at their conclusion in the scientific reports.
“A person charged with a criminal offence should be given a fair trial. If he can't be tried fairly, then he should not be tried at all,” he said forcefully.
The hearing resumed this morning without Anwar, who arrived five minutes late with Wan Azizah Ismail and family and supporters.
There were few supporters outside the courtroom, leaving the police to relax its tight security cordon at the court complex in Jalan Duta.
At the outset of the trial this morning, Sivarasa asked the judge to order investigating officer Jude Pereira out of the courtroom as he is a key prosecution witness.
The judge agreed and ordered Pereira out of the room.
Taking it in turns, the tag team duo rejected Yusof's view.
Bon insisted the court has a role to play in making sure the accused person's right to defend himself fully is protected, especially when the accused is challenging the prosecution in court for withholding relevant information.
He said the court must not be confused on the type of evidence that can be admitted in the trial, stressing that at the pre-trial stage, the accused has rightsto all material that may help his case, even if the prosecution decides not to use it later on.
“We're not saying these documents should be given more weight now,” Amer added in his turn in arguing to be given the case notes from the doctors and the chemist outlining the way they arrived at their conclusion in the scientific reports.
“A person charged with a criminal offence should be given a fair trial. If he can't be tried fairly, then he should not be tried at all,” he said forcefully.
The hearing resumed this morning without Anwar, who arrived five minutes late with Wan Azizah Ismail and family and supporters.
There were few supporters outside the courtroom, leaving the police to relax its tight security cordon at the court complex in Jalan Duta.
At the outset of the trial this morning, Sivarasa asked the judge to order investigating officer Jude Pereira out of the courtroom as he is a key prosecution witness.
The judge agreed and ordered Pereira out of the room.
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