Friday July 17, 2009

Anwar succeeds in bid to get documents in sodomy trial

By M. MAGESWARI

KUALA LUMPUR: Datuk Seri Anwar Ibrahim has succeeded in his bid to get certain documents from the prosecution to prepare for his sodomy trial.

High Court Justice Mohamad Zabidin Mohd Diah, who made the order yesterday, directed the prosecution to comply within a week.

As the defence rejoiced and called it a landmark decision, the prosecution said it would apply for a stay order.

The judge ordered the prosecution to supply Anwar’s lawyer with a copy of CCTV recordings taken from the guardhouse and lifts of the Desa Damansara Condominium for three days from June 25 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 those under his order,” he added, and said the prosecution had 10 days to apply for a stay order.

Elaborating on his decision, Justice Mohamad Zabidin said it was to help Anwar prepare a proper defence.

He also ordered the prosecution to supply to Anwar’s lawyer a copy of its witness list and all documents to be tendered in court as evidence.

He also said the prosecution must hand over a statement of facts which was favourable to Anwar, if available.

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

However, the judge disallowed the defence team’s application to inspect the original samples taken from Saiful, saying the evidence had been sealed by the chemist and that any disturbance would affect its identity.

He said that as such, the application to inspect the samples could not be permitted at this stage but he ordered the prosecution to allow Anwar’s lawyers to inspect slides on the samples.

Justice Mohamad Zabidin also ordered the prosecution to supply the defence with the chemist notes on the analysis of certain samples and medical notes from Kuala Lumpur Hospital doctors who had examined Saiful.

The defence is also to get copies of photographs and medical reports from Pusrawi Hospital on the examination of Saiful.

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

Justice Mohamad Zabidin also ordered that copies of six witness statements, including Saiful’s, be supplied to the defence.

“There is nothing which can suggest that giving a copy of the witness statements would prejudice the prosecution’s case or disturb public interest,’ he remarked.

Anwar, who is PKR adviser, told reporters later he was glad that his team could get the items which they required for his case.

“However, we have to go through the due process (of the stay order appeal),” he said.

Solicitor-General II Datuk Mohd Yusof Zainal Abiden, who is the lead prosecutor, said he would file for a stay of the court order.

Anwar’s lawyer Edmund Bon described the court ruling as “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 ordered as he did. This is a landmark decision which should be welcomed by all,” added Bon.

At the outset of the hearing yesterday, the court granted an application by defence lawyer R. Sivarasa not to allow investigating officer Deputy Supt Jude Pereira to be inside the court on grounds that the officer was a key witness and interested party.

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

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