21 August 2011

Anwar to enter his defence...

Anwar Ibrahim is expected to choose one of three options available as he enters defence tomorrow at a critical moment in his sodomy trial at the Kuala Lumpur High Court. This comes after several postponements. Justice Mohamad Zabidin Mohd Diah called for the opposition politician to enter his defence in an elaborate and much criticised judgment which lasted for nearly one hour and 40 minutes on May 16.

The former deputy premier and present de facto leader of PKR's three options are to take the oath and testify from the witness stand, to testify from the accused dock where he cannot be cross-examined by the prosecution and to keep quiet.

Anwar's defence team will decide tonight on the options available to the politician, as they have given their undertaking to Justice Zabidin that Anwar's defence would begin tomorrow after interviewing 24 witnesses. This is one witness short, however, as the police and prosecution could not detect former-maid Fitria Dipan, who has gone back to her native Indonesia.

Anwar's defence comes after several postponements following the disruption in interviewing the 24 potential defence witnesses, which included premier Najib Abdul Razak, his wife Rosmah Mansor, former inspector general of police Musa Aman and former Malacca police chief Mohd Rodwan Mohd Yusof. This follows the witnesses and prosecution's objection to Anwar's presence in the interview session.

Anwar had also made an application to disqualify the judge for a third time after Zabidin alleged that the court had already form an opinion. It would be of interest to see who Anwar and his defence team will decide as defence witnesses tomorrow. Anwar's solicitor Sankara Nair had indicated on Friday they will call seven witnesses.

These do not include Anwar's Australian expert forensic pathologist Dr David Wells and DNA specialist Dr Brian Mc Donald.

Najib, Rosmah, Musa?

The question as to whether the prime minister, his wife and Musa Hassan will be called to testify will be answered tomorrow when the defence makes known its list of witnesses and informs the court on who to issue subpoenas.

Anwar's defence team also wanted the court to reprimand his accuser, Mohd Saiful Bukhari Azlan over his appearances on TV3 while the politician has yet to say his defence. Saiful's appearance on the television station could be seen as interfering in the administration of justice and may influence the outcome of the trial.

Earlier this week, TV3 and Utusan Malaysia were cited by a high court over comments both aired against a defence lawyer Manjet Singh Dillon in the Sosilawati Lawiya's trial. Shah Alam High Court judge Justice Akhtar Tahir had issued a show cause notice to the two media organisations in the Sosilawati case.

“Judges do not always require a complaint from defence counsel, but they have the power to act on their own volition to safeguard the integrity of an ongoing trial where he is presiding.”

At one point in the TV3 programme on Saiful, Anwar's former aide is shown reciting the sumpah laknat (religious oath) that he was sodomised by Anwar amid a backdrop of sentimental music. It also focused on Saiful's alleged predicament after having taken the oath, in which recounts the condemnation, defamation, lies and diatribes he suffered.

Anwar's defence team are expected to make a decision tonight over whether they will file any formal application over the TV3 interview with Saiful.

source:malaysiakini

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