10 May, 2010

Anwar's sodomy case : "Mohd Saiful not a good Muslim" ?

Datuk Seri Anwar Ibrahim's sodomy trial in the High Court here continues today with his lawyers questioning his former aide, Mohd Saiful Bukhari Azlan, the complainant.

At the start of the hearing, Karpal Singh, who led the defence team, asked for the list of witnesses from the prosecution but it was turned down by trial judge Datuk Mohamad Zabidin Mohd Diah.

After he grilled Mohd Saiful for about 45 minutes, Karpal Singh made another request, this time for all the recorded police statements.

Mohamad Zabidin stood down the proceedings to make a decision.

Lawyer Karpal Singh accused Mohd Saiful Bukhari Azlan of not being a good Muslim, as the defence team of Anwar Ibrahim begins their cross-examination of the former aide of the Opposition Leader at Anwar's sodomy case.

Karpal made this assumption of Mohd Saiful, when the complainant said he missed his prayers between June 26 and Jukarpal-singhne 28, 2008 after allegedly being sodomised and getting a medical examination.

Mohd Saiful said he did not bathe properly on June 27th, to which Karpal said, “So, it’s batal (annuled)," an apparent reference to Muslims taking ablution as a religious ritual before performing their prayers.

Prosecutors in the case have said that two days after the alleged incident Mohd Saiful underwent a medical examination at a hospital and that DNA tests on samples taken from his body showed traces of Anwar's semen.

Karpal grilled him today over how the evidence remained intact, asking whether he had washed before saying Friday prayers the following day, according to Muslim rites.

"I only washed a little, I did not wash my bottom part," Mohd Saiful replied, explaining that he did so because he was in an "emergency situation".

Karpal also raised a medical report prepared by one of the doctors who examined him in which he said the young man had complained he was "assaulted with plastic inserted into the anus".

"The doctor is lying," Saiful said, adding that he did not know why he would make up the account.

Asked why another medical report from a different hospital said there was no signs of damage consistent with an assault, Mohd Saiful replied: "I do not know as I cannot see my anus."

Pressed further, he said "it's maybe because lubrication was used when I was sodomised."

Asked by Karpal, Mohd Saiful identified Dr Mohd Osman Abdul Hamid as the doctor who examined him at the Pusrawi Hospital.

He added that he told Dr Mohd Osman before the examination that he had a stomach ache and that his anus hurt.

Mohd Saiful told Karpal that he was sodomised on June 26, 2008 and went to see the doctor two days later.

Earlier, Mohd Saiful testified that he had met Prime Minister Najib Tun Razak on June 24, 2008, before he was sodomised.

Grilled over this meeting, Mohd Saiful said: "I told the then deputy prime minister the problem I was having and did not meet him after that.".

Najib has confirmed that Saiful visited him at his home, a meeting that Anwar has said is proof he is the victim of a political conspiracy. The prime minister, who came to power last year, has denied any involvement in the case.

At the outset of the proceedings on Monday, the application of Anwar'sdefence team to obtain the prosecution’s witness list was dismissed.

The ruling was made by High Court Judge Datuk Mohamad Zabidin Mohd Diah.

Karpal had requested for the witness list citing that it was needed to ensure a fair trial.

"In my 40 years of practice, I have not come across such a situation where a prosecutor has refused to supply a list of witnesses," Karpal said.
However, lead prosecutor Solicitor-General II Mohd Yusof Zainal Abiden argued that the defence would receive it at the end of the prosecution’s case.

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