Prime Minister Najib Tun Razak and Rosmah Mansor were in the court but refused to be interviewed as potential defence witness in the Sodomy II trial.

KUALA LUMPUR: Prime Minister Najib Tun Razak and wife Rosmah Mansor turned up at the Jalan Duta court complex here today but they refused to be interviewed as potential defence witnesses in the Sodomy II trial.

Both arrived at 2.55pm and was in an interview room on level seven of the complex together with Opposition Leader Anwar Ibrahim, his lead counsel Karpal Singh, and lawyers Sankara Nair and Param Cumaraswamy.

“No questions were asked as the two immediately conveyed that they did not wish to be interviewed and that they have a right not to be defence witnesses,” Sankara told FMT.

He added that the session lasted a couple of minutes and Najib and Rosmah left about half-an-hour later with their entourage.

The complainant in the sodomy case, Mohd Saiful Bukhari Azlan, had previously testified that he had met Najib, then the deputy prime minister, and Rosmah two days before the alleged sodomy incident.

The defence claimed that it supported the theory of a political conspiracy against Anwar.

Another witness who turned up today was Bukit Aman Commercial Crime deputy director Mohd Rodwan Mohd Yusof, who also declined to be interviewed.

The defence, however, managed to interview condominium owner Hasanuddin Abd Hamid and his wife Noor Sham Abdul Hamid.

Sankara said that the trial would most probably not proceed on Monday as they still have six more witnesses to interview.

“So we can’t go on because the arrangement of the court is that all witnesses must be made available. The prosecution will be asked by the judge on Monday how they would provide the witnesses; the onus is on them,” said Sankara.

Determining suitable witnesses

The six remaining witnesses are former Inspector-General of Police Musa Hassan, two Indonesian maids, and three other alibi witnesses.

Anwar, in the application filed on July 26 and Aug 1, had applied to the court to interview 15 witnesses offered by the prosecution team.

The interviews are being held to determine suitable witnesses in the ongoing sodomy trial.

On Monday, the High Court allowed an application by Anwar to interview 15 witnesses, including Najib and Rosmah.

In his decision, Mohamad Zabidin Mohd Diah said that it was the duty of the prosecution team, which provided the witnesses, to make sure that the witnesses attend the interview.

However, he said that the defence has the right to interview the witnesses on condition that they are willing (to be interviewed).

In 2008, Anwar was charged with having sodomised Saiful, his former aide, then 22, the same year. The incident allegedly occurred at a Desa Damansara condominium unit in Bukit Damansara between 3.10pm and 4.30pm on June 26.

If convicted under section 377B of the Penal Code, Anwar could face up to a maximum of 20 years in prison and whipping.

This is the second time the PKR de facto leader has been charged with sodomy, the first being in 1998 alongside charges of corruption.

The Permatang Pauh MP has consistently denied the charges, saying they were “evil, frivolous lies” concocted by those in power to undermine his political career.

On May 16, Zabidin ordered Anwar to enter his defence after ruling that the prosecution had established a prima facie case.

The judge ruled that Saiful was a “credible” and “truthful” witness whose testimony was corroborated by the evidence of expert witnesses, including doctors and chemists.

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