11 March 2011

Karpal grills investigation officer....

Investigating officer Supt Jude Blacious Pereira is today grilled by defence lawyer Karpal Singh in the manner he conducts the investigation on the sodomy allegations against Opposition Leader Anwar Ibrahim. Pereira, who is the 25th and last prosecution witness, had yesterday testified who were at the Desa Damansara condominium where the alleged sodomy took place.

He also testified that he had to detain the accused overnight at Kuala Lumpur police headquarters (IPK KL) to record his statement after he had a medical check-up in Hospital Kuala Lumpur where he refused to give his blood sample.

If the cross-examination of the witness by the defence and re-examination by the prosecution end today, High Court justice Mohamad Zabidin Mohd Diah will then fix a date for final arguments from both parties. Following their submission, the judge will decide on whether the prosecution has a prima facie case against Anwar and call for the defence. If not, Zabidin may throw the case out of court.

9.09am: Court called into session with High Court justice Mohamad Zabidin Mohd Diah presiding.

9.11am: Investigating officer Jude Blacious Pereira takes witness stand. Yusof informs the court that he has two additional questions to ask before handing the witness over to the defence for cross-examination. Pereira tells the court the basis for issuing the arrest warrant as he had reasonable suspicion that Anwar was responsible for the offence. He says he had recorded statement from Saiful and other witnesses, and also received the chemist report on the semen as well as the CCTV recording.

Yusof: When you get the warrant, did you inform the defendants lawyer?

Pereira: I faxed letter to Sankara and asked Anwar to surrender on July 16, 2008 by 2pm.

9.15am: Pereira says he faxed the letter on July 15, 2008 at 1.05pm to Sankara's office. The faxed letter is tendered as evidence. Yusof ends his questioning of the witness. Karpal begins his cross-examination.

9.18am: Pereira says prior to being in the Legal and Prosecution. Division, he was an investigating officer for more than 20 years. He has testified in court between five and 10 times. He has also testified in a Suhakam inquiry.

9.20am: He says he was the investigating officer in the controversial case involving the arrest of five lawyers who were representing those detained for participating in a candlelight vigil outside the Brickfields police station. "The investigating officer was ASP Ho. I was the officer responsible for not giving access to the lawyers to meet their clients." Pereira says the Suhakam inquiry was held last year where he testified.

9.23am: Pereira admits that his testimony was not accepted as there was some contradictions (sedikit percanggahan)

Karpal: What 'sedikit percanggahan'? I do not want to threaten you. It is 'percanggahan' serious?

Pereira: Yes.

Karpal: Do not tell lies under oath. Yusof objects.

Pereira maintains he did not lie in the Suhakam inquiry.

9.26am: Karpal asks, "What's the findings of the inquiry?" Judge Zabidin interjects. He wants to know the relevance of Karpal's line of questioning. Karpal says it is to prove the witness' credibility. Judge allows defence to continue.

9.28am: Karpal asks Pereira to read the Suhakam inquiry findings. Pereira: DSP Jude Pereira in the inquiry did not give a testimony which could not be accepted as he wasn't telling the truth and was suffering lapses in memory. The Suhakam inquiry was chaired by then Suhakam commissioner and reknown lawyer Muhammad Shafee Abdullah. Karpal wants the whole report marked as evident. Yusof objects. He wants it marked instead as ID (identification). Zabidin allows objection and the report is mark as ID.

9.32am: Pereira admits there was no warrant of arrest with the arresting office in that incident. "The warrant, however, exists," he says. "I understand the order was made by (Mohd) Bakri Zinin to make the arrest. I do not know why."

9.34am: Back to the Anwar case, Pereira says that at IPK KL, police officer Supt Ahmad Taufik Abdullah was merely executing (menyempurnakan) the warrant of arrest. That was at 2.40pm. "I took Anwar's statement at 2.45pm and this lasted until 5.40pm."

9.36am: Pereira says Anwar was a suspect in the case. Karpal asks if the witness was aware of the lock-up rules. "A detainee is to be detained in the lock-up after 6pm," Karpal says. Pereira says he understood the rules - that a person cannot be brought out of the lock-up after 6pm.

9.39am: Pereira told to read out the lock-up rules. The is a slight commotion in court as there is only one copy of the lock-up rules and it is with the defence. Karpal: 6pm to 6am a 'suspect tak boleh dikeluarkan' as it is the hours of rest.

Pereira: Yes Karpal: Why Anwar was not placed in the lock-up according to rules as he is a suspect. Pereira: Anwar has not entered the lock-up yet. I do not agree.

9.47am: Pereira denies he did not follow the lock-up rules. He says he had tried to enforce a notice against Anwar on July 12. "I went to his Segambut home but he was not there. I enforced the notice through the driver. I also gave a copy to lawyer. "The lawyer informed that Anwar cannot come on the 15th as he was to be in Penang."

9.52am: Karpal asks the basis of the arrest as there was an arrangement made with Anwar's lawyer Sankara Nair. Pereira repeats he had reasonable suspicion and that it was better for him to apply for a warrant of arrest a day before.

9.55am: Pereira says he did not give any instructions on prohibition to Anwar before he enters the lock-up.

9.58am: Pereira says he was appointed the investigating officer in the sodomy case. He testifies that he was at the hospital to observe the examination. Karpal: Dalam kes biasa, tak ada? (for normal cases, you won't be at the hospital?) Pereira: Ya Karpal: Sebab apa? (Why?) Pereira: I want to observe in order to get pengetahuan (information) and to complete my investigation.

10.02am: Pereira denies there was any investigation during the course of the trial. But he admits recording former Hospital Kuala Lumpur pathologist Dr Razuin Rahimi's statement last month, on Feb 21, 2011. "I was instructed by the prosecution." Karpal asks, "Specifically?"

Pereira: Yusof. Karpal: Usually there is no investigation during the course of trial. Pereira: Yes, but the investigation is on the pro-forma form.

10.06am: Karpal: Isn't this odd (investigating during course of trial). No answer from Pereira.

10.08am: Back to June 28, 2008, Pereira said his investigation was directed at sodomy not oral sex.

10.09am: Karpal: Who else did Saiful informed? Pereira: Rahimi (Anwar's former aide), Ezam (former PKR Youth chief), Tuah (Saiful's uncle), Mumtaz (Rosmah Mansor's close confidante). Karpal: Rosmah, Najib? Pereira: No. Karpal: Did you record statement from Rosmah? Pereira: Yes.

10.14am: Pereira said he recorded Rosmah Mansor's statement on July 17, 2008. Karpal asks for a short break. Judge orders court to stand down. There is no mention of how long the break will be.

10.38am: Court resumes. Karpal: Saiful met Najib before June 26, 2008. Pereira: Yes, he met Najib on June 24. Karpal: What is DSP Rodhwan's role in this? Pereira: No role in investigation but before... Yusof objects. He says this is hearsay. Judge allows objection.

10.41am: Pereira says he also recorded statement from Dr Osman from Pusrawi Hospital. Saiful had met Dr Osman prior to going to Hospital Kuala Lumpur on the same day.

10.43pm: Defence lawyer Sankara Nair takes over the questioning. Sankara asks Pereira when he took the cotton swab from HKL. The witness replies he took it at 12.35am on June 29, 2008.

10.46am: Sankara asks whether there was a record book to show where he kept the samples in his cabinet, to which Pereira conceded that normally the samples are kept in store. "I've violated IGSO - Inspector General Standing Order - directives (to keep swab items) in store...".

10.50am: Pereira agrees Dr Siew Sheue Feng had told him to keep the samples in a freezer. However, he kept it in his office safe.

10.53am: Pereira's handphone suddenly rings. Someone in the public gallery suggests it could be Rosmah calling. Courtroom breaks into laughter.

10.54am: Justice Zabidin tells Pereira to switch off his handphone. 10.55am: Pereira is asked to read the IGSO. "All items have to be separated and labeled properly."

10.59am: Pereira agrees he did not properly check the dates when the samples were recorded. Written on one of the samples is 'Aug 26, 2008', another also has 'Aug 26, 2008' written on it.

Sankara: What happened on June 26?

Pereira: The incident happened on June 26.

Sankara: You did not perform your job properly?

Pereira: I do not agree.

11.03am: Pereira says he brought sample at about 7.35pm on June 30, 2006. Sankara: How many hours after?

Pereira: 34.

Sankara: Isn't that 46 hours?

Another defence lawyer, Ram Karpal, takes over the questioning.

11.09am: Ram asks Pereira about Saiful's girlfriend. Pereira says she was his fiance (tunang), Nooratul. "Yes, I retrieved a blue-black underwear." Ram: You retrieved two underwear? Pereira: Yes. I took the underwear from the girl's mother who washed it.

11.15am: Cross-examination finishes. It's back to Yusof for re-examination of the witness. In answering a question from the prosecutor, Pereira says he did not order the arrest but kept the warrant of arrest.

11.18am:
Pereira says the HKL's pro-forma was not attached to the medical report. "The issue came alight during trial," he says. No more questions. Pereira steps down from witness stand.

11.22am: Yusof calls Supt Ahmad Taufik Abdullah as 26th witness.

11.24am: Taufik works in special investigation section of Bukit Aman.

11.26am: Ahmad Taufik says he received instruction from Bakri Zinin at about 9am on July 16, 2008 to arrest Anwar. "I assembled a team and followed him. He had diverted from going to IPK KL as he headed home. I instructed the arrest." There were four people including Anwar, Sankara Nair, R Sivarasa and another he could not identify.

11.36am: Taufik maintains, when asked, that only Bakri Zinin instructed him to conduct the arrest. "I did not receive any instruction from others," he said.

Karpal proceeds to cross-examines Taufik, who disagrees that he did not inform Anwar of the grounds of arrest or the charge.

On re-examination by Yusof, the witness claims he had no reason to inform Anwar of the grounds.

11.38am: Now Karpals requests Saiful to be recalled.

11.41am: Yusof objects to Karpal's question on the DNA of other individuals found in the accuser's peri-anal area. Yusof says this was not in the evidence. The judge asks to stand down.

11.50am: Parties emerge from the judge's chambers.

11.53am: Court resumes. Saiful is recalled and takes his oath.

11.54am: Karpal asks him about the incident and examination at HKL.

Karpal: Did you go to the toilet?

Saiful: Yes, but I did not defaecate between June 26 and 28.

Karpal: Where are the toilets?

Saiful: Several.

Karpal: Seah testified there was DNA profiling of three people in peri-anal (keliling dubur) region. Means (you had) two or three partners?

Saiful: No. I cannot comment on the (Seah's) finding.

11.58am: On re-examination by Yusof, Saiful says he took shower at home, and also went to the toilet, at home. Yusof makes two requests to the court.

12pm: First, Yusof wants a review on the ruling made in the trial-within-a-trial. "At that time, we do not know the grounds. We have the warrant, what was read in the warrant is the charge," he says.

12.01pm: Secondly, the prosecution wants the court to compel Anwar to provide a sample for DNA profiling.

Yusof requests full submission to be made on Monday.

Karpal: We have objection to obtaining (of) Anwar's sample.

12.04pm: Court adjourns, to be resumed on Monday with submissions.

source:malaysiakini

'Tuduhan Liwat : Nama 'Tok Dalang' sudah muncul'

'Karpal asak pegawai penyiasat pula'

'Saiful ran to Rosmah after alleged sodomy, says cop'

'Juboq Pujaan umnoApco... Kantoi..!!'

Karpal: Did you record statement from Rosmah?

Pereira: Yes.

Karpal: Who else did Saiful informed?

Pereira: Rahimi (Anwar's former aide), Ezam (former PKR Youth chief), Tuah (Saiful's uncle), Mumtaz (Rosmah Mansor's close confidante).

Sesiapa saja yang dirogol tidak akan semena-mena lari pergi bagi tahu Rosmah,kecuali orang berkenaan mempunyai motif2 tertentu.

Daripada jawapan itu sudah menampakkan bahawa semuanya ini adalah satu komplot yang kotor dirancang bagi menjatuhkan Anwar.


cheers.

1 comment:

mangchikla said...

'11.58am: On re-examination by Yusof, Saiful says he took shower at home, and also went to the toilet, at home......'

Kena menuntut ilmu ni, mandi tak basah pungk@k akakakaakak