Thursday, August 7, 2008

Anwar pleads not guilty (Update 2) - Star

KUALA LUMPUR: Aug 7, 2008 By M. MAGESWARI

PKR adviser Datuk Seri Anwar Ibrahim pleaded not guilty to sodomising his former aide Mohd Saiful Bukhari Azlan over a month ago.

The party's de facto leader is accused of committing the offence at Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26.

If convicted, he can be jailed up to 20 years and whipped for voluntarily committing unnatural sex under Section 377B of the Penal Code.

Saiful, 23, of Damansara, had lodged a complaint on June 28 over the alleged incident.

Anwar (center) accompanied by his wife Wan Azizah arrives at the Kuala Lumpur Sessions Court Thursday. - APpic

When his name was called to face the charge at 10.10am Thursday, Anwar, who turns 61 on Sunday, smiled and walked slowly to the dock.

Upon hearing the contents of his sodomy charge, Anwar said, "It is a malicious slander and a betrayal. I am not guilty," he told Sessions Court judge S.M.Komathy Suppiah in the packed courtroom.

Solicitor-General Datuk Idrus Harun, who led a four-man prosecution team, asked the court to set a mention date pending an application to transfer the case to the High Court if needed.



Lead counsel Sulaiman Abdullah asked the prosecution to express their stand if they are opposing bail for his client.

"We are applying for Datuk Seri (Anwar) to be released on personal bond," he said.

To this, S-G Idrus said the prosecution offered bail of RM20,000 in one surety with a condition that Anwar surrendered his passport to the court.

S-G Idrus said the court had to consider that the offence was non-bailable and serious.

Sulaiman said the nine-man defence team would oppose on the condition over the passport.

"In the circumstances here, with Anwar contesting for the (Permatang Pauh parliamentary seat) and he has strong possibility of going to Parliament, it is inconceivable that he would not turn up in court for his case," he said.

The counsel asked the court to consider that Anwar had a record of long service and public standing in the Government and that his client had co-operated with the authorities during investigations for the case.

"There is no likelihood of him not turning up in court. There is no evidence provided by the prosecution to show that my client will not appear in court at the relevant date to answer his charge later," he said.

Sulaiman said the judge has discretion under Section 388(2) of the Criminal Procedure Code to grant a personal bond in view of special circumstances of the case and his client.

"Anwar has been on police bail since July 17. It is a non-cash bail and he had turned up in court today to answer his charge today.

"To impose a bail of RM20,000 is needlessly insulting to the accused on the presumption of innocence. The court should exercise its judicial discretion to eliminate any traces of a political trial," he contended.

Komathy then asked investigating officer Asst Supt Jude Pereira, who is also Brickfields CID chief, if Anwar was co-operative during the probe of the case. To which, ASP Pereira said "Yes".

Komathy asked S-G Idrus on his view over the bond and if there is any possibility of Anwar absconding or tampering with the witnesses.

S-G Idrus replied, "It is difficult to say but the possibility is always there".

In response, Sulaiman said the case was an ideal one to grant a bond to let Anwar know that the law is on his side and he could go on with his personal battle.

"This is a rare case but of course the second or third time," he said which drew laughter from those seated in the public gallery. Anwar also smiled.

Komathy then released Anwar on a personal bond of RM20,000 without surety.

"I do not think there is any likelihood of Anwar absconding," said the judge before asking Anwar if his birthday is on Sunday.

Anwar smiled and replied "Yes" and thanked the judge for the bond, to which all his supporters in the courtroom clapped their hands and cheered loudly.

Komathy set Sept 10 for mention.

Speaking to reporters later, Anwar who signed his bond papers at 11.12am, said his case is not a normal case and that the defence would apply to get a copy of police report on the allegations against him.

Anwar said there was lack of evidence in his case and he would fight for his acquittal.

"The Prime Minister says rape, the police report was not given to me, the doctor says assault and the charge says consensual," he said.

He also asked why Saiful was not charged for the offence.

"Just imagine if Saiful had to sit in the same dock with me," he winked and laughed aloud.

He also said that he was always teased and advised by his friends that he should learn a lesson not to have a "young, smart and handsome man around me".

"I was told that I couldn’t bring a pretty girl. She (his wife Datuk Seri Wan Azizah Wan Ismail) will object. I cannot bring a young man or an old man. I can only bring an 80-year-old woman in a wheelchair. I will be safe. If it's a pretty girl, Azizah will strangle me," he laughed again.

Anwar's defence team was led by Sulaiman Abdullah. His other lawyers are Sankara Nair, R. Sivarasa, Saiful Izham Ramli, Amer Hamzah, Edmund Bon and Leela J. Jesuthasan.

Penang Chief Minister and DAP secretary-general Lim Guan Eng and his father, party adviser Lim Kit Siang, were among those who were present in court when the PKR adviser arrived in court at about 9.40am, accompanied by his wife Datuk Seri Dr Wan Azizah Wan Ismail and daughter Nurul Izzah.

There had been heavy police presence, including FRU units, unformed policemen and those in plainclothes, at the complex since 6.30am.

Security was tight at the entrance of the court complex with policemen taking down identity card numbers of those going in.

A crowd of Anwar's supporters had also been steadily growing at the court from 7am, as roadblocks set up at roads leading to the Jalan Duta court complex and surrounding areas caused massive jams.

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