Anwar back on the witness stand...

The trial-within-a-trial in Anwar Ibrahim's sodomy case resumes with lawyer and Subang Jaya MP R Sivarasa testifying for the defence.He is one of three lawyers who were with Anwar when he was at the Malaysian Anti-Corruption Commission (MACC) and Kuala Lumpur police headquarters on July 16, 2008.

Anwar had yesterday related the manner in which the police had apprehended him, describing how he had been subjected to medical examination where his private parts - penis, anus and pubic hair - were inspected and measured. Although Anwar agreed that he was not physically harmed by the authorities during the one-day detention, he questioned the manner in which his arrest was made, where 10 to 15 balaclava-clad Special Action Unit personnel armed with sub-machine guns had stopped him just before he reached his home, when he had already promised to meet the police at 2pm on that same day.
The opposition leader and Permatang Pauh MP had also told the court the arresting officers did not indicate the grounds of his arrest, although he acknowledged that a police report had been lodged against him by sodomy complainant Mohd Saiful Bukhari Azlan.

Following Sivarasa's testimony today, another two witnesses for the prosecution are expected to give their testimony in the trial-within-a-trial. This will be followed by submissions by both parties. A ruling may not be expected today.

9.23am: Hearing begins with High Court judge Mohamad Zabidin Mohd Diah presiding. Solicitor-general II Mohd Yusof Zainal Abiden informs the court that he wants to recall Anwar. Anwar back on the witness stand.

9.26am: Anwar tells the court that he had indeed signed the document of his arrest at IPK KL. He however cannot recall if it was a warrant of arrest. Yusof shows a photocopy of the document. Karpal objects, saying that the original must be shown.

9.33am: Karpal says the Evidence Act is not relevant here; the prosecution must produce a copy of the document which is not a photocopy. Yusof says a carbon copy can be produced. Karpal asks for adjournment.

"Okay, if you object, I will withdraw the question," says Yusof. The solicitor-general adds that he wants to ask some other questions.

Yusof: You remember signing certain documents, but you can't remember?

Anwar: I remember signing but cannot remember what it was.

Yusof: Did you ask (investigating officer) Jude (Pereira) why you were there?

Anwar: I did ask why I was required. I insisted to see the police report against me (Saiful's report). The police report was only furnished months after that.

9.41am: Yusof shows the original 112 statement recorded from Anwar on July 16 and July 17, 2008.

"Yes, this is my statement, but I have to make sure there is no alteration after my experience with the prosecution," says Anwar.

Karpal requests to allow Anwar go through the statement.

9.43am: Anwar reads the document and confirms the authenticity of the 112 statement. Yusof says he wants to refer to two pages of the 112 statement in this trial within the trial.

9.47am: The pages read by Anwar is about the opposition leader not allowing the police recording of the statement to be videotaped. Anwar reads page two where there was a complaint made by Saiful regarding the sodomy incident. It is pointed out that the court is photocopying Anwar's statement.

Justice Zabidin allows a 15-minute break. The court stands down.

10.31am: Court resumes. Anwar takes the stand. Karpal begins questioning.

1033am: Karpal asks Anwar to look at page 2 of the statement.

Karpal: (Is this the) copy of the 112 statement served on your solicitors?

Anwar: Yes.

Karpal: I want you to refer to your copy served to you. I want it marked. Are there any differences between the copy supplied to you and the one shown to you?

Anwar: Yes, there is 'sulit' (confidential) in the original; it's not written 'sulit' in my copy.

10.36am: Anwar says the word 'sulit' does not appear in his copy on every page. He also notes the difference in page 2 between his copy and the original, saying it is as if pages have been inserted.

10.38am: Karpal: 'Rakaman percakapan lisan selesai' on pg 21?

Anwar: I denied the charge, and gave full co-operation. I asked Jude if everything was finished. He said it was finished. I sought for this as I wanted to be released!

10.42am: Karpal: Were you informed of the grounds of arrest by Jude?

Anwar: No

Karpal: Only the charge was read, no grounds of arrest was given by Jude?

Anwar: Yes (that's right). There must be reason to arrest a person. The police must have basis for the arrest.

Yusof now requests permission to ask questions through the court.

10.46am: Yusof: After page 21, it is written the portion of the examination at HKL (Hospital Kuala Lumpur)?

Anwar: Yes the major part is on the examination at HKL

Karpal asks to look again at page 2 of the original document, not numbered in his copy, asking if it is similar to the page included.

Anwar: Now that I have seen the copy, I am not sure whether this is the same one. There is no similar signature in page 2.

Karpal: What is the difference there?

Anwar: It only states 'Borang Rakaman Percakapan' (Form for recording of statement), no signature by me or Jude on page 2.

10.56am: Anwar says what is sent to his lawyers is not a copy of the original.

10.59am: Anwar says it is clear is that the original 112 statement and the one given to his counsel are different.

"The signatures are clearly different," he says.

11.03am: Sivarasa Rasiah takes the stand.

11.05am: Sivarasa tells the court he has been an advocate and solicitor since 1987.

Karpal: Do you know Anwar?

Sivarasa: I know him well

Karpal: July 16, 2008. You met him (Anwar)?

Sivarasa: Yes, the first meeting was the morning of July 16, 2008. At the MACC office in Putrajaya. The MACC report is regarding (Anwar's) 'black eye' incident.

11.09am: Sivarasa says he went back separately from the others, and got to know of Anwar's arrest only subsequently.

“I went to IPK at about 2pm. Myself and Sankara Nair were taken to a meeting room.

“Other officers were present . I remember ACP Razali and Yahya. I was the only lawyer present when (Anwar's) statement was recorded.”

11.12am: Sivarasa says that Anwar was not released, and Jude had informed them that they will bring Anwar to the hospital.

“I was present with him at HKL. The police (Jude) made a request for a blood sample.”

“Anwar consulted me, and I consulted other lawyers as part of the team, and I advised him to decline,” said Sivarasa.

Sivarasa says he recalled Anwar explaining why he was declining, based on his experience in1988 (during his previous case), where (the samples) were illegally used for other purposes.”

11.17am: Sivarasa says Jude informed him that the police will detain Anwar as they have yet to finish recording his statement.

"I gave my solicitor's undertaking that I would bring Anwar tomorrow morning, but Jude refused.

"Jude said that this was his decision," says Sivarasa.

11.20am: Karpal says he wants to call Federal Territory CID chief Bakri Zinin, former IGP Musa Hassan and former home minister Syed Hamid Albar to testify.

Judge: Why did you inform (us of) this now?

Karpal: This was just a decision made in light of the circumstances.

Justice Zabidin asks for a meeting in his chambers.

11.53am: Court resumes. Arresting officer ASP Ahmad Taufik Abdullah is called.

11.58am: The witness says he showed the warrant of arrest to Anwar. "The date of the warrant is July 15, 2008," he says.

Yusof asks, “Can you verify, is this the copy that you made?”

"This is the copy which I kept in my file. I showed and read the warrant. Anwar signed this on the right," says.

Yusof wants the document to be marked as an exhibit, but Karpal objects.

12.02pm: Ahmad Taufik says he received orders from (CID chief) Bakri Zinin to arrest Anwar.

"I was given the directions orally by Bakri, and was asked to assemble a team," he says.

Karpal begins his cross-examination.

12.08pm: The witness says the warrant was given at IPK KL. He denies lying that he did not inform Sankara.

Court adjourns until Monday 8.30am, resuming with submissions.

Meanwhile, applications will be made to call Musa, Bakri and Syed Hamid to the stand.

12.54pm: Karpal withdraws his application to call Musa, Bakri and Syed Hamid.

source:malaysiakini

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Jika rekod immigration Altantuya Shaaribu pun boleh dipadamkan, maka aku tak hairan dengan pindaan yang mereka buat kepada kenyataan polis setebal 112 muka surat itu.....

cheers.