Sodomy II - a crucial stage ahead...

The Anwar Ibrahim's sodomy trial enters a crucial stage this week with an expected ruling on a trial-within-a-trial, to determine whether his arrest was unlawful and whether the critical evidence of a white toothbrush, Good Morning towel and a mineral water bottle, could be admitted as evidence.

So far, the three items which were allegedly retrieved from a cell occupied by Anwar on the night of his detention on July 16, are the only link to the identity of 'Male Y', who is alleged to have sodomised the complainant, Mohd Saiful Bukhari Azlan, Anwar's former aide.

Since the trial began, the prosecution has built its case without identifying directly Saiful's alleged sexual assailant, and only referring to the person responsible as 'Male Y' despite the prosecution and defence raising doubts by suggesting that there could be other suspects.

Thus the three items which the prosecution wants the court to mark as evidence against the objections of the defence, could make or break the case.

Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah has allowed the trial-within-a-trial on the complaint by defence lead counsel Karpal Singh that the arrest was unlawful and the items were unfairly obtained by the police.

A trial-within-a-trial is where the judge will decide on the admissibility of controversial evidence into the court. Normally applied to the confession of an accused before the authorities, it can also apply to evidence admissibility.

Anwar was the first to testify in the trial-within-a-trial where he told the court of the nature of his arrest, in which 10 to 15 men armed with sub-machine guns and wearing balaclavas arrested him while he was heading home in Bukit Segambut.

He told the court he was not informed of the grounds of his arrest.

Anwar and his lawyer Sankara Nair had testified they had agreed to meet investigating officer superintendent (then DSP) Jude Blacious Pereira (right) and that the arrest was not necessary.

He also spoke about his examination at Hospital Kuala Lumpur and the conditions of the cell where he was detained overnight.

Lawful or unlawful arrest?

The next day Anwar testified to the discrepancies in his 112 statement, a witness statement recorded by Pereira when he was brought to the Kuala Lumpur police contingent headquarters on July 16, 2008. There are a number of differences between the original and the copy handed to Anwar's solicitors.

While Anwar maintains he was not informed of the grounds of his arrest, arresting officer superintendent Ahmad Taufiq Abdullah testified that he had informed Sankara and the accused that he was being picked up for an alleged offence under section 377B of the Penal Code for consensual sodomy.

Ahmad Taufiz also informed the court that the warrant of arrest dated July 15, 2008, was only served on Anwar after he was brought to the Kuala Lumpur police contingent headquarters.

Besides Anwar and Sankara, Subang MP Sivarasa Rasiah also testified for the defence while Ahmad Taufiq is the solitary witness for the prosecution.

Earlier on Monday, police audio and video specialist ASP Fauziah Che Mat testified on the inconsistency in the time of the CCTV revealed in the guard post and the lift entrance.

This is followed by testimony from other expert witnesses to certify the veracity of the CCTV recordings that depict Anwar and Saiful arriving and leaving the Desa Damansara condominium at separate times.

Tuesday saw several police officers including retired CSI superintendent Amidon Anan testifying that a toothbrush, a towel and a mineral water bottle was recovered from Anwar's cell. The veracity of Amidon's testimony was supported by other officers including D9 serious crimes officer in charge, superintendent Yahya Abdul Rahman.

Karpal had also charged that Anwar's cell had resembled an animal pen.

Tomorrow will see both the defence and prosecution making submissions on the trial-within-a-trial, to be followed by a much anticipated ruling on the matter.

As 21 prosecution witnesses have already testified, the prosecution is seen to be nearing the end of its case.

It remains to be seen if other witnesses besides Pereira will be called, including those who were allegedly with Anwar at the condominium at the time of the said incident.

The court has earlier agreed to continue hearing until March 25.

The resumption of parliamentary sittings tomorrow will not affect the trial as Karpal and Anwar - both MP for Bukit Gelugor and Permatang Pauh respectively - are serving a six-month suspension from Parliament.- Hafiz Yatim.

source:malaysiakini

'Apakah Anwar bakal ke penjara?'

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