Defence counsel for PKR de facto leader Anwar Ibrahim submitted today that sodomy complainant Mohd Saiful Bukhari Azlan had inserted plastic in his own anus to manufacture the complaint.
In his reply to the prosecution's submission at the Kuala Lumpur High Court, Sankara Nair submitted that Saiful had done so upon the instruction of SAC Mohd Rodwan Mohd Yusof, whom the complainant met on June 24, 2008.
"One plausible view is (Saiful) was well-advised by Rodwan on June 24 to use a plastic instrument to cause injury to his anus-to make it seem consistent with proof of penetration.
"It is submitted that this is why Saiful, after attempting to injure his anus with a plastic, did not go to Hospital Kuala Lumpur straightaway to make the allegations but instead went doctor shopping such as at Pusrawi (International College Of Medical Sciences) and later HKL, with a view to first ascertain whether he had succeeded in causing some injury," Sankara said.
He said this in reply to the prosecution's submission that Dr Mohd Osman Abdul Hamid, the Pusrawi physician who first examined Saiful, had not been truthful.
Mohd Osman had recorded that Saiful told the him that plastic was inserted into the latter's anus, but this was denied by Saiful on the stand.
Sankara said this explained the delay between Saiful's visit to Pusrawi and to HKL, despite Mohd Osman's advice to seek medical assistance at a public hospital.
Counsel added that Mohd Osman was "consistent" and "firm" and has said more than three times that the complainant said plastic was inserted into his anus after the doctor had examined him.
"The story behind the plastic", Sankara submitted, makes Mohd Rodwan and then police chief Musa Hassan (both described as Anwar's "nemeses" in the defence's submission) as "puppeteers", with Saiful the "puppet".
In his part of the reply, defence counsel Karpal Singh asserted that Mohd Osman was in fact the prosecution's witness who was offered to the defence.
"His evidence was never impeached," he said.
Anwar a Tok Nujum?
On Tuesday, prosecution head and solicitor general II Yusof Zainal Abidin said that the doctor was not a credible witness and would do anything anyone asked him to.
He had submitted that the note about plastic being inserted into Saiful's anus was added into the medical report and not noted contemporaneously.
To this, Sankara replied: "Anwar does not know Dr Osman from Adam...Unless to say that Anwar was a fantasic Tok Nujum (clairvoyant)...?"
Sankara also challenged Yusof's submission that defence witness and Saiful's college mate Mohd Najwan Halimi was "jelaous" of Saiful for having been employed by Anwar.
Mohd Najwan was also accused of being biased as he is now aide to Anwar in his capacity as Selangor economic advisor.
"Yusof went on a tirade against Najwan by charging that Najwan was biased and partial in his testimony, favouring DSAI as he is working for him. With respect this is a fallacious view," he said.
Sankara said the fact that Mohd Najwan considered Saiful's "leadership qualities" shows that he was not into "100 percent Saiful bashing" and is thus a truthful witness.
Justice Mohamad Zabidin Mohd Diah will deliver his verdict on Jan 9, 2012.