Anwar to enter defence.....

After 59 days of court hearing which began early last year, Anwar Ibrahim, the Kuala Lumpur High Court has found a prima facie case against the opposition leader and ordered him to enter his defence. The Jalan Duta court complex is under tight security as Anwar supporters arrived as early as 4.30am and gathered at the Federal Territory mosque which is adjacent to the court complex, to show their support for the opposition leader and PKR de facto leader.

Police presence outside the court complex was stronger than usual as Anwar's supporters milled around in the lobby area. Anwar, 64, has been charged with sodomising his former aide Mohd Saiful Bukhari Azlan, 25, at the Desa Damansara condominium on June 26, 2008. If found guilty under section 377B of the Penal Code, Anwar could face a jail term of not less than five years and a maximum of 20 years.

High Court judge Mohamad Zabidin Mohd Diah announced his decision at 9am that the prosecution has established a prima facie case and therefore Anwar's defence must be called.

LIVE REPORTS

7.36am: There are hundreds of Pakatan Rakyat supporters in the lobby of the court complex. Some of the supporters are also seen at the Wilayah mosque and at the nearby food stalls for breakfast.

8.05am: All foreign press representatives are already here.

The courtroom can fit about 75 people in the public gallery. Judging by the number of people queuing outside the courtroom on the fifth floor of the building, it appears that all the passes have already been taken up.

8.11am: The police ban Pakatan supporters from entering the court building. A few police officers are stationed at the entrance to check those seeking to enter the building. They have to show court documents before be granted permission to enter. All bags are inspected and journalists are not allowed to bring cameras into the court complex.

8.17: Some 200 supporters outside the court complex shout 'reformasi', 'hancur Najib', 'hancur BN', 'tangkap Najib, siasat Rosmah', 'tolak fitnah' for five minutes. Later packets of 'nasi lemak', wrapped in Umno-owned Utusan Malaysia newspaper, are distributed to the crowd. Many of the supporters sit on the floor and have a short prayer before enjoying the nasi lemak.

8.20am: One of Anwar lawyers, CV Prabhakaran, enter the courtroom. The prosecution team led by solicitor-general II Mohd Yusof Zainal Abiden are probably already inside.

8.32am: A number of top PKR leaders are outside the court complex, including deputy president Azmin Ali, vice-president Tian Chua, disciplinary board chairman Tan Kee Kwong, Seri Setia state assemblyperson Nik Nazmi Nik Ahmad and Selangor executive councillor Xavier Jayakumar.

8.37am: Journalists and members of the public allowed into courtroom. Also in court is another Anwar lawyer, Sankara Nair.

8.40am: Opposition Leader Anwar Ibrahim and his wife, Dr Wan Azizah Wan Ismail arrive. They create quite a stir, with the media and supporters crowding around the couple, making it difficult for them to enter the court building. The supporters shouted 'reformasi' and 'bangkit rakyat'.

846am: All seats in court are already full. There are some standing in court without seats. The prosecution team is not in court yet.

8.50am: The prosecution team is now in the courtroom.

8.56am: Some Pakatan leaders are in the courtroom. Among them are Azmin Ali, Tian Chua, Dr Tan Kee Kwong, Chua Jui Meng, Nurul Izzah Anwar, P Ravi and PAS vice-president Mahfuz Omar, DAP's M Manoharan and Ronnie Liu. However, there are no seats available for them.

PKR president Dr Wan Azizah Wan Ismail enter the courtroom.

9.05am: Anwar enters court and shakes hand with supporters and diplomatic corps.

9.06am: Lead defence lawyer Karpal Singh arrives with another lawyer, Ram Karpal. There are about 20 people standing by the side of the court, mostly elected representatives.

9.07am: Court called into session as High Court justice Mohamad Zabidin Mohd Diah enters.

9.08am: The judge begins reading his judgment. He mentions the charge and says the prosecution had called 26 witnesses.

9.14am: Judge Mohamad Zabidin mentions the complainant Mohd Saiful Bukhari Azlan's trip to condominium and relates what had transpired in unit 11-5-1. He says Saiful testified there was penetration with the aide of KY jelly and also had curry puffs and coffee after the alleged sodomy.

9.16am: The judge continues with Saiful's visit to Tawakkal hospital and then to Pusrawi Hospital. He had earlier said that Saiful had tendered his resignation because he said he did not want to be sodomise anymore.

9.17am: Judge Zabidin says Saiful later went to Hospital Kuala Lumpur and lodged a police report at 4.30pm on June 28, 2008. He mentions that a number of samples were taken from Saiful.

9.19am: Justice Zabidin says Saiful had a meeting with Prime Minister Najib Razak for 20 minutes.

9.21am: Justice Zabidin says Saiful had denied inspector-general of police Musa Hassan had contacted him but it was him (Saiful) who called the then police chief. He says Saiful had also related the incident to Ezam Md Noor (former PKR Youth chief, now a senator). Zabidin mentions Saiful's 'sumpah laknat' at the mosque, and moves on to evidence by the three Hospital Kuala Lumpur doctors.

9.24am: Justice Zabidin says Dr Razali Mohd Ibrahim did not find any injury and find difficulty to insert the protoscope when examining Saiful's anus and had to use a lubricant to do so. He adds that Saiful had related to doctors that no condom was used and there was ejaculation.

9.25am: Outside the court complex, the police detain an individual and cart him away in police car near the main gate. An officer was seen packing a long pole, believed to be bearing a flag, in the back seat before the man was driven away.

9.26am: Back in the courtroom, judge Zabidin says the doctor's finding that there was no conclusive clinical finding that was suggestive of penetration but doctors testified at that time on whether the cotton swabs sample taken contain DNA.

9.30am: The judge says after the doctors got to know the presence of DNA from the high rectal swab in the bowel area, it indicated there was penetration as it was highly unlikely that it could get there as the bowel is not a straight body part.

9.36am: Judge Zabidin moves on to the chemist's examination. He mentions the pubic hair found in the condominium was also given to chemist, in addition to the cotton swabs, Saiful's clothing and carpet retrieved from the condo.

9.37am: Outside the court complex, there was a tense moment when a couple of PKR Youth members get into a minor argument with police officers who are blocking the entrance to the courthouse. One youth member demands that police stop the blockade, saying it is the public's right as taxpayers to be allowed in with no restrictions. Other members however came in to pull away their emotional colleague, before starting another round of chants, tweaking the 'ole ole' song to sing 'bebas, bebas, bebas, bebas, bebas Anwar, bebas Anwar'.

9.43am: Back in the courtroom, justice Zabidin says a 'Male Y' DNA was found on the high rectal swab. He moves on to relate the evidence provided by chemist Nor Aidora Saedon.

9.46am: Justice Zabidin says the DNA found on toothbrush, towel and mineral water bottle correspond to that of 'Male Y'. He mentions how the three items were retrieved by Bukit Aman CSI head Amidon Anan from Anwar's cell.

9.50am: Justice Zabidin says one DSP Yahya Abdul Rahman had testified that there was only one person who occupied the said cell, which was the accused, Anwar Ibrahim. "Yahya instructed that nobody touch the items found in the cell," says the judge.

9.51am: Outside the court complex, Shamsul Iskandar Md Akin arrives, sparking another round of chants as supporters shout 'reformasi' to welcome the PKR Youth chief.

9.53am: Back in the courtroom, judge Zabidin continues reading out his judgment. He mentions the cars coming and leaving the condominium on the day of the incident.

9.56am: The judge moves on to the items handed by investigating officer Jude Blacious Pereira to chemist Dr Seah Lay Hong.

9.58am: Justice Zabidin now relates the CCTV recording at the condo on the day of the alleged incident where they were seized from the management. He also mentions the items found in the cell given to Nor Aidora.

10am: The judge says the evidence at the end of prosecution case must be a prima facie case, which is not rebutted.

10.02am: Judge Zabidin says prosecution needs to prove that Anwar was at the condominium. He asks whether Saiful is a credible witness, and if Saiful is not credible, the accused should be acquitted.

10.04am: Judge Zabidin notes defence lawyer Karpal's submission that Saiful drinking and eating after the incident and going to PKR and Anwar's office showed the victim had lied. "Since it was without his consent, and did not complain to security guard, it shows this was fabricated,” he says. "However, I find this submission as untenable. The incident did take place and it indeed was consensual."

10.07am: The judge says Saiful idolises the accused and was given preferential treatment as he was given a room, compared to other senior colleagues.

10.09am: Now the judge evaluates whether the sodomy incident did take place.

10.10am: The judge says accused and Saiful was in the same vicinity. The evidence of Saiful showed the offence did occur. "I find Saiful's evidence remains intact. I find him to be a truthful witness and reliable."

10.13am: Judge Zabidin says it is trite law that there must be corroboration with other evidence. "As I found Saiful is a credible witness, I have to decide whether there is corroborative evidence. Saiful drove a Fiat van to the condominium. "This was recorded by the condo camera and this was supported by evidence of cyber security witnesses. Saiful was seen coming out from the lift at 3.01pm," he said. Judge says Saiful was seen leaving the condominium 4.35pm on same day.

10.19am: The judge mentions that Anwar arrived at condo at 12.29pm and was seen leaving the building at 5.14pm.

10.20am: Judge Zabidin says based on the above evidence, the defence suggested Saiful could be hiding in the building, however the court ruled this as speculation.

10.22am: The judge repeats that no condom was used and ejaculation took place. He says based on Seah's testimony, there was presence of semen on the high rectal swab.

10.26am: Judge says the lubricant used could have prevented scarring or fissures or injury to Saiful's anus.

10.28am: Justice Zabidin rules that the doctors who gave their testimony - Dr Mohd Razali Ibrahim, Dr Siew Sheue Fend and Dr Khairul Nizam Hassan - as expert witness. "Based on the academic qualification and experience, I find no difficulty they are expert witness," he said.

10.32am: Justice Zabidin mentions Saiful's rectum being empty - the witness said he wanted to preserve evidence and he had not defecate for two days. This was met by murmurs in court by Anwar's supporters. "High rectal swab 9cm from the anus - I find Dr Razali's evidence to be acceptable where the high rectal swab contains semen," he said.

10.35am: Justice Zabidin says the evidence by chemists could be accepted as credible evidence. "Dr Seah appeared in court with impeccable qualifications," he said. Despite the judgment being read out by the judge, Anwar at times look at the back to Azizah from the dock and smiles.

10.42am: Justice Zabidin rules that both Dr Seah and Nor Aidora as expert witnesses. He then focuses on the degradation of DNA samples. The judge says Seah had taken steps to ensure there would be finding made. "It was clear and unambiguous, and if there was degradation, it was not substantial," says Zabidin. He rules the contamination as too remote.

10.45am: On the issue of possibility of tampering evidence, justice Zabidin says the DNA profile in the cell was contact DNA. "Based on the above evidence, it all corroborates. I find a prima facie case made against the accused and call for defence," he said.

Anwar groans. Wan Azizah says this is another sad day for justice.

10.49am: Judge Zabidin asks for short break as he wants to decide on when to hear Anwar's defence. Lead prosecutor solicitor-general II Mohd Yusof Zainal Abiden is overheard saying it could be tomorrow, but tomorrow is Wesak Day, a public holiday.

11am: Outside the courtroom, Anwar supporters begin chanting 'reformasi' upon hearing the decision.

11.05am: The courtroom is still packed with people. Anwar's lawyers and Mohd Yusof along with senior deputy public prosecutor Nordin Hassan are meeting the judge in his chambers to discuss the date for the continuation of the trial.

11.06am: Outside the court complex, a commotion starts near the courthouse entrance as Anwar's supporters shout at TV3 journalists, telling them to "balik".

Some irate supporters became physical, accosting at least one journalist holding a TV3 mike.

They eventually back off, but then start to chant "TV3 lucah" in reference to the television station showing clips of the sex video involving a man resembling Anwar.

11.14am: Parties emerged from chambers. Interpreter informs the court the trial will continue from June 6 to 30.

11.18am: Lawyer Sankara Nair says the defence will interview BN chairperson Najib Abdul Razak and his wife Rosmah Mansor, with the high possibility that the two will be called as witnesses.

"We may call 30 defence witnesses," he said

11.20am: At the fifth floor lobby, Sankara expresses disappointment with the decision, saying there should not be a case against Anwar. He also tells reporters that the witnesses who will be called and interviewed include experts from Australia and India.

12.05 pm: Sentul OCPD Zakaria Pagan said earlier this morning that the police have arrested a 46-year old male who had brought a hammer to the court gate. The male brought a piece of metal, and looked suspicious to police. "The police were worried. The incident happened at 9.15am. He was brought back to the Sentul district (police station), "he said.

Zakaria also said the man was wearing a security uniform, but one that was not the same as that of the court complex security personnel.

source:malaysiakini

Kes liwat: Anwar diarah bela diri

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