Anwar testifies in trial within trial....

The Anwar Ibrahim sodomy trial today drew a packed court as the opposition leader and Permatang Pauh MP takes the stand to testify in a trial within a trial. Yesterday, Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah allowed the defence's application for a trial within a trial in Anwar's sodomy trial.

The mini-trial is to enable the court to decide on a dispute over three controversial items - a mineral water bottle, a 'Good Morning' towel and a white toothbrush - which was recovered from Anwar's cell when he was detained overnight between July 16 and July 17, 2008. The trial within trial (voir dire) is where the judge conducts an inquiry into the admissibility of an item of evidence. Normally, this is done with confessions of the accused persons, but can be extended to the objects used as evidence.

Anwar is the first to take the stand, but his testimony is limited to his claim of unlawful arrest and on those three items which had been obtained “unfairly”. It remains to be seen whether the defence will put other witnesses on the stand in addition to Anwar. His testimony is expected to take the whole afternoon. As for the prosecution, they will have the arresting officers, including investigating officer DSP Jude Blacious Pereira, to testify.

2.30pm: Court called into session with High Court judge Mohamad Zabidin Mohd Diah presiding.

Anwar takes the stand.

2.31pm: Karpal informs the court that Anwar will first testify and he will be followed by Sankara Nair. Justice Mohamad Zabidin Mohd Diah says that given Sankara is to testify, his presence in court would be affected. Sankara steps out of the courtroom.

2.33pm: Anwar takes his oath "I am the opposition leader," he says, adding that his age is 63. He takes his oath in Bahasa Malaysia but tells the court he will testify in English. Tumpat MP Kamaruddin Jaafar, a PAS central committee member, walks into the courtroom.

2.36pm: Anwar says on July 12, he was summoned by the MACC (Malaysian Anti-Corruption Commission) where he was asked about his report against attorney-general Abdul Gani Patail, former police chiefs Musa Hassan and Rahim Noor regarding the black-eye incident. He immediatedly corrects himself - he says it was July 16 at 2pm at Putrajaya MACC. He was there with three lawyers. Anwar says he also had an appointment with the police investigating officer.

2.41pm: Anwar says on his way back to his house in Segambut, he saw unmarked vehicles blocking the route and about 10 to 15 UTK (special operations forces) squad with balaclava and armed with sub-machineguns.

"We had to stop abrupty." This happened at 1pm on July 16, 2008.

2.44pm: Anwar says he was seated at the back of the car and his lawyer, Sankara, was in front.

"Of course, we had to stop. Sankara stepped out and an officer approached him. I was asked to remain in the car," he said.

"Police said: Arahan untuk menangkap Datuk Seri Anwar." Anwar says Sankara stopped him from coming out of the car.

2.46pm: According to Anwar, the police officer ordered him to go with the police car.

2.50pm: Anwar says he asked the police officer, "Apahal buat saya macam ini lagi." The police officer said he was following orders.

"I told him that I wanted to meet Jude (Pereira) at 2pm and had already informed him. Why are you treating me like this?"

The arresting officer Supt Ahmad Taufik is called into the courtroom to be identified by Anwar.

2.54pm: Anwar says he was asked to go to the meeting room at IPK KL (Kuala Lumpur contingent police headquarters). Sankara and Subang MP and lawyar Sivarasa Rasiah arrived later.

"I asked them why are they doing this but they said they wanted my cooperation in this matter although I had indicated I wanted to meet Jude."

2.56pm: Anwar says the police recorded his statement between 2.30pm and 5.30pm.

2.58pm: He says after recording his statement, he was asked to go again to the meeting room.

"I asked them, 'you asked me to give my statement but what else?'. They should release me."

"Instead they brought me to HKL (Hospital Kuala Lumpur) and arrive there after 8pm on July 16, 2008."

3.02pm: Anwar says two doctors checked his penis and anus.

"This was very degrading."

This was after he asked the investigating police officer Pereira, his lawyers and nurses to leave.

"The doctors asked me about the alleged sodomy."

3.04pm: He was brought back to IPK at about 11pm.

"I asked the police and Jude, 'when are you going to release me?'"

"And they said, 'you'll be home soon'. Instead, they brought me to the lock-up."

3.07pm: Anwar claims Superintendent Yahya Abdul Rahman gave him the mineral water bottle,towel, toothbrush, toothpaste and soap.

3.09pm: He said there were steel bars on all four sides and he pleaded with police officers to look into his sleeping arrangements because he cannot sleep on the cement floor because of a back condition.

"I do not expect VIP treatment but the conditions were deplorable while conditions at the washroom was unclean."

3.13pm: Anwar said he was released on 12.30pm on July 17, 2008. Immediately after, he sought medical treatment for his back.

3.16pm: Under cross-examination by Yusof, Anwar said none of the officers told him he was arrested because of this case.

3.20pm: While confirming that there was no physical abuse, Anwar complains about being dragged into the police car.

3.26pm: On re-examination by Karpal, Anwar said police did not mention the grounds of arrest.

3.29pm: Anwar leaves the witness stand and enters the dock.

3.34pm: Sankara takes the witness stand. He said said he accompanied Anwar to MACC's office on July 16 and they arrived at 10am. He said they left at noon and Anwar wanted to go home to freshen up and pray.

"Jude asked where we were and I said it was still early but I assure him we will be there by 2pm to meet with him.

"We were ambushed balaclava-clad, heavily armed policemen and approached Anwar vehicle. We were alarmed and fearful.

"I talked to the officer Superintendent Taufik," he said.

3.43pm: Sankara said police did not mention the grounds of arrest.

"He said 'My instruction is to bring him to IPK'. He was (acting) robotic."

3.48pm: Sankara denied Yusof's suggestion that there was no communication between him and Jude.

3.51pm: Karpal said he wants to call R Sivarasa, the Subang MP, to the witness stand tomorrow morning. Yusof said they have two witnesses.

Trial is adjourned and will continue tomorrow at 9.00am.

source:malaysiakini

'Anwar: Amat malu, zakar dan dubur saya diperiksa'

Berucap pada ceramah di Merlimau, Anwar berkata perbicaraannya atas tuduhan fitnah liwat sekali lagi membongkar kezaliman pemerintah dan polis. "Hari ini keluar gambar lokap. apa dia cerita? Lokap Anwar ada televisyen, ya televisyen apa? CCTV. Ada katil, khas. Tadi Ketua Polis IPD Bukit Aman sahkan tak ada. Karpal Singh tanya, bukankah Datuk Seri Anwar kata ada sakit pinggang? Dia jawab ada. Kamu tak bagi tilam, bantal? Tak ada. dia tidur atas lantai simen? ya," katanya.

Anwar berkata beliau menyedari layanan polis dan pejabat Peguam Negara di bawah telunjuk Umno adalah untuk mengaibkan beliau semata-mata demi meluntur semangat dan perjuangan politiknya.

"Telanjang saya dan ukur, sebab nak aibkan, kamu tangkap kamu telanjang ukur, hina. nak lawan lagi? Bukan kamu tentukan. Kalau Allah takdirkan ujian ini, saya terima dengan sabar dan doa.

"Ya Allah janganlah beri beban sehingga aku tak mampu menanggungnya - maksudnya sekarang ini, saya masih mampu tanggung tapi percayalah kekuasaan Tuhan," tegas Anwar. Anwar mendakwa meskipun media massa seperti Utusan dan TV3 cuba memesongkan keterangan-keterangan pada perbicaraan beliau, hakikatnya ialah bukti-bukti terhadapnya direka cipta dan fitnah semata-mata.

"Sekarang terbongkar satu persatu dalam mahkamah. Spesimen doktor periksa 28hb, periksa-periksa, 5 jantan dalam tu , bila ambil spesimen, 28hb, berapa doktor, 4 doktor. bawa spesimen ke jabatan kimia, berapa haribulan, 28 haribulan.

"Tetapi salah satu spesimen terpenting yang melibatkan DNA saya tarikh, 26 haribulan, Peguam tanya jabatan kimia, berapa haribulan, 26, periksa bila 28. Jadi macamana kamu terima, saya terima. Siapa yang periksa, 26hb, tak tau siapa periksa, Najib ka Rosmah saya tak tau. tapi terima" ujar Anwar.

cheers.