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TwitterJudge bars ‘affair’ testimony in Sodomy II
KUALA LUMPUR, Aug 9 – The High Court here refused today to call star witness Mohd Saiful Bukhari Azlan and deputy public prosecutor Farah Azlina Latif to answer allegations about their “affair” during Datuk Seri Anwar Ibrahim’s Sodomy II trial.
Judge Datuk Mohd Zabidin Mohd Diah rejected the application by Anwar’s lawyers to compel Farah and Saiful to testify about their alleged romantic involvement.
Lead defence counsel Karpal Singh had earlier today demanded that Farah – who was recently dropped from the prosecution team – answer the “affair” allegations in open court.
The lawyer said that it was important for the two to testify as witnesses in court as their testimonies were a “necessity” and could affect the course of the entire trial.
“Having heard (the) submissions, section 425 of the Criminal Procedure Code is not relevant. It should be decided on affidavits, evidence... therefore application to summon Saiful and Farah (is) refused,” said Mohd Zabidin.
Solicitor-General II Datuk Yusof Zainal Abiden, in arguing the prosecution’s submissions for the application, said that the affidavits given by DPP Mohd Hanafiah Zakaria and investigating officer Judy Pereira was enough to establish that “Saiful had no access to documents from Farah”.
Hanafiah in his affidavit stated that since Farah joined the prosecution team on January 20 this year, her only role on the team was to “take down notes of trial proceedings, witness statements in court, as well as other general duties”.
“I stress that Farah has never had access to investigation papers or has any reason to access the papers or any other documents,” said Hanafiah in the affidavit.
Karpal then said that Hanafiah’s credibility was in question, alleging in court that Hanafiah had had a second marriage in Thailand, and had tried to “legalise his marriage in Kota Bahru”.
“He (Hanafiah) is guilty of committing an offence under the Syariah law, getting married in Thailand, registering in Kota Bahru.
“These affairs must stop. Misbehaviours of DPPs are delaying the trial,” said Karpal who also claimed that Hanafiah’s second marriage was to another deputy public prosecutor.
This drew the ire of Yusof, who immediately said the latest claims by the defence team had no connection or bearings to the on-going sodomy trial.
Karpal insisted that the defence be allowed to examine Hanafiah, by virtue of the defence’s claims.
“We have no idea what that information has to do with the trial… the defence has not challenged the affidavits of Hanafiah and Judy. Unlike Anwar’s affidavit, Hanafiah’s affidavit is based on something he knows as a member of the team,” added the lead prosecutor.
Hanafiah was visibly upset by Karpal’s allegations, nodding his head numerous times and had to be consoled by DPP Wong Chiang Kiat throughout the afternoon session of the trial.
“The basis in which Karpal wants to examine… Hanafiah (having) taken a second wife, marriage in Thailand… it has to be related to the trial. Whether Hanafiah had taken a second wife or not is not a concern... it will not affect proceedings. Application to examine Hanafiah is hereby refused,” said Mohd Zabidin.
Karpal then claimed that the silence on Farah’s part was evidence that Anwar’s affidavit was not a mere allegation.
“Why is the witness herself not prepared to come up with an affidavit? Your lordship must expect an affidavit-in-reply, cannot allow it to go unrebutted.
“Evidence given by Anwar must be considered as true in light that there is no rebuttal of his affidavit,” said Karpal.
“The trial will continue tomorrow morning, August 10 at 9am, where Karpal will be replying TO Yusof’s submissions on the application to have the sodomy charge against Anwar dropped,” said Mohd Zabidin.
Fugitive blogger Raja Petra Kamarudin had kick-started the affair rumours, in a posting on his Malaysia Today website two weeks ago claiming that Saiful and Farah were involved in a sexual relationship.
Anwar, the 62-year-old PKR de facto leader, is charged with sodomising Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
The former deputy prime minister 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 is taking place 18 months after Anwar was charged in court in August 2008.
Anwar 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 had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
Malaysian Insider
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