Judge to decide on extra proof for Anwar trial

UPDATE 1

By Debra Chong

KUALA LUMPUR— It was the first lively exchange between the defence and prosecution in the lead-up to Datuk Seri Anwar Ibrahim's 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 the head of prosecution Datuk Yusof Zainal Abiden.

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.

Anwar and Wan Azizah leaving the court after the hearing was adjourned to later in the day.

“Point taken. You're just saying there should be no suppression of evidence, OK?” said Justice Datuk Mohamad Zabidin Mohd Diah.

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.

Zabidin will give his decision at 2.30pm today whether Anwar can obtain extra evidence from the prosecutors in his Sodomy II trial.

The judge adjourned hearing at 10am.

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.

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 rights to 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 his wife Datuk Seri 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.

Anwar, 61, who stands accused of sodomising a former male aide, Mohd Saiful Bukhari Azlan, 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.

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. (TMI)