Opposition Leader Anwar Ibrahim has instructed his lawyers to file for another application to strike off the sodomy charges pressed against him by Prime Minister Najib Razak's government after a hard-won initial medical report revealed that Saiful Bukhari Azlan had complained of "attempted" sodomy and oral sex.
Sources told Malaysia Chronicle that Anwar was extremely upset by what he felt was excessive malice shown to him by the Najib administration.
Not only had Najib refused to grant Anwar's lawyers access to key documents including the initial medical report, the Attorney-General should have been more professional and rejected attempts to take the case to court, they said.
Meanwhile, PKR leaders expressed mixed emotions over the latest development.
"We are happy but also extremely angry. This is the most farcical show. Not only has the trial caused Anwar and his family deep pain but it has embarrassed the entire nation. It has made Malaysia's name mud. Even a foreign investor like Richard Branson can tell Najib to drop it," PKR strategic director Rafizi Ramli (pic below) told Malaysia Chronicle.
Shoddy evidence
Earlier this morning, Anwar's lead counsel Karpal Singh pointed out that the initial medical report stated that Saiful had told the doctors who examined him there was "attempted" sodomy and oral sex.
This was confirmed by Dr Khairul Hakim, one of the Hospital Kuala Lumpur doctors who did the examination on June 28, 2008. However, Dr Khairul insisted the form was just a guideline.
"Saiful told us he was asked to perform oral sex. His main complaint was being sodomised by a well-known public figure. Saiful did not say 'attempted' oral sex or 'attempted' sodomy," Malaysiakini reported the doctor as saying.
According to Karpal, vital information was not recorded in the initial medical report such as the complainant's medical history, past rectal examinations or if the complainant had defecated.
“In light of recent evidence it is obvious that the charge is groundless. The proforma report clearly shows that Saiful had complained of attempted sodomy and oral sex, this contradicts his own claims. I call on the AG to withdraw the charge to avoid further embarrassment to the country," Karpal later told reporters outside the courthouse.
Another odd testimony from the HKL doctors was the taking of cotton swab specimens from Saiful's mouth for semen from oral sex. Defense lawyers said the purported act took place two days before and all traces would have logically been washed away when Saiful drank or ate.
Meanwhile, PKR director of legal affairs Latheefa Koya slammed the AG for insisting on going through with the prosecution despite obvious discrepancies in the evidence.
"This case should never have gone to trial in the first place. The so-called evidence against Anwar is so flimsy. As a professional, he should have advised the government that not only is it against the interests of justice, but it also makes a mockery of our judicial system," Latheefa (pic below) told Malaysia Chronicle.
1,001 mistakes
Indeed, the trial has been condemned as a political sham conjured by the ruling coalition in a bid to derail Anwar's political career and stop the rise of his Pakatan Rakyat coalition.
Foreign investors and lawmakers from around the world including U.S., Britain, Australia and Canada have urged Najib to stop the persecution of his poltical arch rival.
Huge obstacles have been put in the way of the defense team, who were denied access to key documents - which included the initial medical report - even when the trial had begun, forcing them to work in the dark.
In the end, Anwar had to file several applications just to get the initial medical report released to his lawyers. Even now, key DNA and chemist reports are only available to the prosecution and there is no way for the defence to prepare their rebutal or do to any research until the prosecutors raise their case in court.
"Now we know why they refused to give us access to the documents. From day one, the Najib administration was desperate to the extent it dared to contravene UN guidelines for a fair trial which clearly states that a defense must be given an even playing field with the prosecution. But like the 1998 saga, the story in this remake has kept changing each day because there is no way anyone can make a fool-proof lie. Somehow they will be found out," said Rafizi.
In 1998, Anwar who was then the deputy prime minister, was sacked and thrown into jail on sodomy and graft charges by his boss Mahathir Mohamad. Anwar, who was also the finance minister, had allegedly stepped on Mahathir toes by refusing to bail out one of his sons over a reported RM1.8 billion shipping deal. Anwar's rising political clout was also another reason for Mahathir to turn on him. In 2004, just months after Mahathir retired, Anwar was acquitted.
In 2008, after he announced his intention to make a parliamentary comeback, Anwar was again arrested and charged with sodomising Saiful at a condominium unit in Bukit Damansara, Kuala Lumpur, between 3.15pm and 4pm on June 26, 2008. He denied the charges and accused Najib and his wife Rosmah of scheming the latest plot to keep him down.
Najib, who initially denied ever meeting Saiful, later U-turned and admitted to having met him just before he lodged a police complaint against Anwar. In Malaysia, sodomy is a crime and punishable by jail of up to 20 years.
"When you try to frame someone for a crime he didn't commit, you make 1,001 mistakes," PKR communitcations director Nik Nazmi (right) told Malaysia Chronicle.
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