Sodomy 2: Anwar wins bid to get documents - Star

Jul 16 2009 By M. MAGESWARI
mages@thestar.com.my

KUALA LUMPUR: PKR adviser Datuk Seri Anwar Ibrahim succeeded in his bid to get certain documents, including the witness statement of the complainant, for preparation of his sodomy trial.

High Court judge Justice Mohamad Zabidin Mohd Diah ordered the prosecution to supply to Anwar’s lawyers a copy of CCTV recordings taken from the guardhouse and lifts of Desa Damansara Condominium for three days from June 25 last year.

He ordered the prosecution to comply with his order within a week from Thursday.

If the prosecution wants to file for a stay of the court order, the judge said it would have to do so within 10 days.

Justice Mohamad Zabidin set July 24 for mention of the sodomy trial and an application by Anwar to strike out his sodomy charge.

In elaborating his stand Thursday, Justice Mohamad Zabidin said the ruling may help to prepare a proper defence.

On March 10, Anwar had pleaded not guilty to sodomising his former personal aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara here on June 26, last year.

“If a clear copy cannot be provided, the defence counsel can inspect the original recordings under the supervision of the investigating officer or/ and those under his order,” he said.

On the original samples taken from Saiful, the judge noted that all evidence had been sealed by the chemist and that any disturbance would affect its identity and chain of evidence over the production of exhibits in court during trial.

Therefore, Justice Mohamad Zabidin said the application to inspect those samples could not be allowed at this stage.

Justice Mohamad Zabidin ordered the prosecution to allow Anwar’s lawyers to inspect slides on the samples taken from Saiful under the supervision of the investigating officer and the chemist who analysed the items.

Among others, the judge ordered the prosecution to supply chemist notes over the analysis of certain samples and medical notes from Kuala Lumpur Hospital doctors who examined Saiful.

The judge also ordered the prosecution to provide a copy of its witnesses list and all documents which would be tendered in court as evidence in the trial.

Apart from that, the prosecution had to give a statement of facts which was favourable to Anwar if available.

The judge also ordered the prosecution to hand over copies of photographs and the medical report from Pusrawi Hospital over the examination of Saiful.

“If no report (from Pusrawi) is being provided, a confirmation by the concerned doctor that there is no such report should be given to the defence lawyer,” he said.

The judge ordered the supply of copies of six witness statements, including that from Saiful.

“There is nothing which suggests that giving a copy of these witness statements could prejudice the prosecution’s case or disturb the public interest,” he added.

Speaking to reporters later, Anwar said he was glad that his team could now get the items they required.

“However, we have to go through the due process,” he said.

Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden said he would file for a stay of the court order, perhaps by Friday.

In an immediate reaction, Anwar’s lawyer Edmund Bon said, “It’s a very progressive decision in the spirit of the new amendment to the Criminal Procedure Code in Section 51A (to deliver certain documents to an accused before the commencement of the trial).

“I am glad that the High Court judge saw the logic of our arguments and issued the order he did. This is a landmark decision which should be welcomed by all,” added Bon.

He had earlier argued that the Parliament Hansard had elaborated that the defence could apply to the court even if certain facts were protected by public interest.

“The consequences are quite far reaching -- that the court has the power to decide when the accused files a complaint over this,” he said in reply Thursday over the application to get certain documents for Anwar’s lawyers to prepare his defence.

“Let us not get confuse the question of admissibility and substantive evidence with pre-trial discovery (with the supply of those documents),” he said.

Bon said the court has wide power over the application by issuing a “supervised order” for the inspection of certain documents.

“At this time, we are entirely handicapped as we cannot look at the scientific evidence for the sodomy trial,” he said.

He said the Public Prosecutor has a duty to act impartially and fairly as well as to see that justice is done, rather than merely focus on convicting the accused.

“This honourable court is in a position to step in and set things right,” he said.

Anwar’s lawyer Amer Hamzah Arshad said the application was to ensure a fair trial, while another, R. Sivarasa, argued that the defence was applying for those documents to prevent any suppression of evidence.

At the outset, the court granted an application by Sivarasa not to allow investigating officer DSP Jude Pereira to be inside the court on grounds that the officer was a key witness and an interested party.

Sodomy trial: Anwar loses lead counsel- Sun

By S.Tamarai Chelvi

KUALA LUMPUR (July 15, 2009) : Datuk Seri Anwar Ibrahim's lead counsel Sulaiman Abdullah today discharged himself in the former's sodomy trial due to ill health.

Anwar who was present in the High Court for the hearing of an application to obtain several documents relating to his sodomy trial, said Sulaiman informed him at about 6pm on Tuesday that he was discharging himself from the case for the time being as he was still being hospitalised.

He said Sulaiman did not want the case to be delayed because of him and told him to discuss and find another lawyer to replace him.

"He had prepared himself very well and I have very much confident (in him)," said Anwar. (On July 8, the court was informed that Sulaiman was admitted to Kuala Lumpur Hospital on July 6 to undergo investigation for an episode of sudden giddiness.)

Lawyer S N Nair, who also represents Anwar said the defence team had asked for an adjournment to appoint a new senior counsel.

"This is a very 'high profile' case and Sulaiman has the experience, which is more than 30 years (as a lawyer) to handle the case. Anwar wants a person of similar stature to handle the case," said Nair.

However, Nair said the judge (Datuk Mohamad Zabidin Diah) rejected the request for adjournment and "told us to proceed with one of the lawyers. (Anwar is represented by nine lawyers, including Sulaiman.)

Nair said his "client has a right of choice" to have a lawyer to argue the case.

He said Article 5 of the Federal Constitution guarantees a litigant or a lawyer of his choice to conduct the trial.

Nair said they need time to appoint another lawyer with experiences such as Sulaiman, who is the most senior in the team.

He said senior counsels can expand on their arguments better than junior counsels.

He also said none of them have 30 years of experience.

Anwar is charged with sodomising Mohd Saiful Bukhari Azlan, his former personal aide, in Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, last year.

DNA bill passed, Anwar cries foul - Malaysiakini

S Pathmawathy and Tarani Palani | Jun 23, 09 7:43pm

The Deoxyribonucleic Acid (DNA) Identification Bill was passed at the lower House and will be sent to senate for approval.

The controversial legislation was passed today after two days of intense debate, mostly by opposition parliamentarians who did their best to delay bill's passage as they claim it would be a disaster for legal and human rights.

The bill specifically gives the police and authorities the power to obtain DNA samples from any suspects who have direct links to a crime.

The committee level debate saw amendments being made to nine sections of the bill, which includes the appointment of the head of the DNA Databank, the deputy head and other officers.

Deputy Home Minister Abu Seman Yusop told the House that the post of the head of Databank will no longer be helmed by a police official but by a public officer, who is sufficiently qualified and has the requisite experience in DNA science.

Prior to the amendments, the home minister had to appoint a police officer not below the rank of a Deputy Commissioner to head the databank.

Before the amendments were made, a police officer was allowed to use all means necessary for the purpose of taking or assisting the taking of a non-intimate DNA samples from a person.

Now, the amendments give the person the prerogative to refuse giving a non-intimate sample to the magistrate.

In the committee stage of the rounding up speech, Abu Seman also proposed to remove two sections of the bill.

They are Section 14, which holds a person liable to a fine not exceeding RM10,000 or a prison term not exceeding one year or both and Section 24, which states any information from the DNA Databank would be construed as conclusive proof in any court proceedings.

Anwar: This is a malicious campaign

Although the bill passed does not affect obtaining intimate samples such as blood and semen, the Magistrate's Court can issues an order to obtain non-intimate samples like saliva.

The bill, which is divided into six parts and contains 27 Sections, was tabled in August last year for a second reading.

The objective of the legislation is to enable the establishment of a Malaysian Forensics DNA Data Bank which is expected to store and analyse samples.

Speaking to reporters at the Parliament lobby, Opposition Leader Anwar Ibrahim expressed disappointment with the passing of the bill.

"Pakatan Rakyat is convinced that the way they are rushing through and refusing to acknowledge some very (important) criticisms is clearly meant to be used during the my trial," said Anwar.

The Permatang Pauh MP suspects the bill is an attempt to trap him in his ongoing sodomy case which is set for trial in July.

"As far as I am concerned it is not an issue... we have to fight them with or without the bill. It is a malicious campaign, nothing more," he added.

Subang PKR MP R Sivarasa added that to be fair to the government, some proposals made by the opposition was taken into account.

Sivarasa also said that the bill will definitely have an impact on the Anwar sodomy trial as the prosecution would be able to use samples that have been collected way back, when Anwar was held under the Internal Security Act in 1998.

"They can use it to legitimise the illegitimate samples," said Sivarasa

Ex-cop implicates Abdul Gani, Musa in Anwar black-eye case, clears Dr M - Malaysian Insider

By Leslie Lau
Consultant Editor

KUALA LUMPUR, May 29 — Datuk Mat Zain Ibrahim, the police officer who investigated Datuk Seri Anwar Ibrahim’s black-eye beating in 1998, has accused the country's top lawyer and police chief of fabricating evidence in the assault but cleared Tun Dr Mahathir Mohamad of any wrong-doing.

He claimed he was told by the then prime minister to ensure there was no cover-up in the investigations, according to a statement of claim made by him in a suit filed against the opposition leader.

But the former investigator now implicates Attorney-General Tan Sri Abdul Gani Patail and Inspector-General of Police Tan Sri Musa Hassan in what he claims was an attempt to introduce a medical report which he found suspicious.

According to his statement of claims which was obtained by The Malaysian Insider, the medical report prepared by a Dr Abdul Rahman Yusof from Hospital Kuala Lumpur had suggested Anwar’s injuries were self-inflicted.

Instead, Mat Zain asserts in his statement of claim that he had taken all possible steps to prevent the medical report prepared by Dr Abdul Rahman from being included in his investigation papers.

Mat Zain filed a RM30 million defamation suit against Anwar last year after the Pakatan Rakyat leader claimed that Abdul Gani, who was a senior deputy public prosecutor then, and Musa, who was an investigating officer, had fabricated evidence against him in the black-eye assault.

Tan Sri Rahim Noor, the Inspector-General of Police in 1998, later admitted he had assaulted Anwar following a Royal Commission of Inquiry probe in 1999.

Besides Mat Zain, Musa has also filed a defamation suit against Anwar.

The statements of claim made by both Musa and Mat Zain have been admitted as part of an affidavit filed by Anwar for his Sodomy II trial which starts in July.

Anwar had claimed trial last August to sodomising his former aide Mohd Saiful Bukhari Azlan, his second sodomy case in a decade.

Mat Zain, who declined comment on the details of his lawsuit, told The Malaysian Insider however that he had decided to sue Anwar to clear his name because unlike Abdul Gani and Musa he had not been officially cleared of the allegations of abuse of power.

Yesterday, Mat Zain, who retired as the Kuala Lumpur CID chief, claimed there was a high-level plot using a bankruptcy notice to destroy his credibility ahead of several cases including Anwar’s sodomy trial.

State news agency Bernama had on Wednesday reported that Mat Zain was declared a bankrupt on April 21 for failing to settle a RM250,000 loan and was served with the notice on May 26. The news was carried by several Malaysian publications including The Malaysian Insider which subscribes to the Bernama service.

“I say with certainty that there are very powerful hidden hands that wanted it so. Their reasons are to destroy my credibility and/or to paralyse my capabilities and prevent me from giving evidence against Attorney-General Tan Sri Abdul Gani Patail and IGP Tan Sri Musa Hassan for fabricating evidence in the ‘black-eye’ case of 1998 involving Datuk Seri Anwar Ibrahim,” said Mat Zain in a statement.

Mat Zain claimed the bankruptcy notice is related to his appeal to the Malaysian Anti-Corruption Commission (MACC) advisory board to clear his name after the anti-graft agency cleared only Gani and Musa from charges of fabrication lodged by Anwar.

“I have reasons to believe that the prosecution team anticipated that Anwar will certainly raise at certain points of his trial the issue of fabrication of evidence in the black-eye case. My evidence would be vital at this stage. Their only option is to destroy my credibility.”

In his statement of claim, Mat Zain points out that he had been instructed by Rahim, the IGP then, to head an investigation into Anwar’s allegation on Sept 27, 1998 that he had been assaulted while in police lock-up.

Anwar had been detained by police on Sept 20,1998, just 18 days after he had been sacked by Dr Mahathir as deputy prime minister. The widespread public protests and his subsequent sodomy trial led to the birth of the Reformasi movement.

In his suit against Anwar filed last August, Mat Zain states that he had accompanied two forensic specialists — Dr Halim Mansar and Dr Zahari Noor — to conduct a medical examination on Anwar on the day he started his probe.

He met Rahim later that night and was instructed by his boss “to leave no stone unturned” to protect the integrity of the police.

On Oct 16, Mat Zain claims he was told by the Attorney-General then to liaise with Abdul Gani on all matters related to the probe.

Ten days later he met with Abdul Gani at the latter’s office and was then introduced to Dr Abdul Rahman. The medical expert then signed a medical report and handed it over to Mat Zain.

Mat Zain then claims that he had objected to Dr Abdul Rahman’s report because it also contained personal attacks against Dr Halim, one of the original medical experts in the case.

He claimed further that on further enquiries, he had discovered that Dr Halim had previously lodged a police report against Dr Abdul Rahman for “criminal intimidation.”

On Oct 28, 1998, Mat Zain said he had come to the conclusion that Dr Abdul Rahman had never examined Anwar. He also claimed to have discovered that Abdul Gani had been present on the 30th floor of Bukit Aman on the night that Rahim assaulted Anwar.

Two days later, Mat Zain claimed that he submitted to Abdul Gani his investigation papers which asserted among other matters that Anwar’s injuries were consistent with an assault and that they were not self-inflicted. Mat Zain also asserted that he believed Rahim was the person who had assaulted Anwar.

The two men — Mat Zain and Abdul Gani — had a heated argument over the findings of the probe, according to the statement of claim.

Later that year on Dec 12, Musa, who is now the IGP, had asked Mat Zain to attend a meeting at Bukit Aman with Abdul Gani and Dr Abdul Rahman. At the meeting he was asked to accompany Dr Abdul Rahman for a visit to the lock-up in which Anwar had been held.

The next day, Mat Zain claims he took Dr Abdul Rahman to the lock-up, but points out that he left the doctor on his own in the room.

On Dec 31, 1998, Mat Zain claims that his investigation papers were returned to him. The papers included a second undated medical report by Dr Abdul Rahman.

In the second medical report, Mat Zain claims it was stated he had accompanied Dr Abdul Rahman and aided in a reconstruction of events, which he says was not true.

The initial police investigations prompted Dr Mahathir to suggest Anwar's black-eye could have been self-inflicted, an allegation that was later found to be untrue.

Mat Zain claims that he investigated the black-eye incident without fear or favour and had his statement recorded five times by the precursor to MACC, the Anti-Corruption Agency (ACA) when Anwar lodged a report on July 1, 2008 that Abdul Gani, Musa, Mat Zain and Dr Abdul Rahman had falsified a medical report on the assault case.

But MACC chief commissioner Datuk Seri Ahmad Said Hamdan announced on March 3 that a three-member independent panel led by the Solicitor-General had scrutinised the investigation papers and cleared Abdul Gani and Musa of criminal wrongdoing, prompting Mat Zain to later appeal the findings.