Lead prosecutor Datuk Mohd Yusof Zainal Abiden informed Anwar’s lawyers of his objection via a phone call this morning after the defence team had arrived at the High Court here to interview former Inspector-General of Police Tan Sri Musa Hassan and former Malacca police chief Datuk Mohd Rodhwan Mohd Yusof.
Both were said to be present today but refused to meet with Anwar’s lawyers in his presence.
Lead defence counsel Karpal Singh said he could not see why there should be any objection to Anwar’s presence at the interviews as “it has always been done”.
“This is the first time it (an objection) has ever happened,” he told reporters today.
Karpal stressed that it was of “prime necessity” to include the accused in interviews as the latter could provide any necessary clarification and instructions on the spot.
His colleague Sankara Nair pointed out that Anwar was fully entitled to be present as the former deputy prime minister would have had to conduct the interviews himself if he, like many others, could not afford to pay legal fees.
“Assuming he had no lawyers, then you can conduct your own defence. Are you not entitled to question witnesses?” he said.
“We are mere agents. The client, the accused, is the person who is entitled to interview directly if he wants to or through his lawyers.”
The witness interviews, including six scheduled for tomorrow, will be put on hold pending direction from the judge.
Yesterday, the High Court allowed Anwar’s applications to call 15 key witnesses in his sodomy trial, including the prime minister and his wife, on the condition that they agree to be interviewed.
Judge Datuk Mohd Zabidin Mohd Diah had said it was the prosecution’s responsibility to provide witnesses as the defence has the right to interview them but stressed that it was up to the witnesses whether they agreed to be interviewed.
Prime Minister Datuk Seri Najib Razak and wife Datin Seri Rosmah Mansor have said they will skip interviews for Anwar’s sodomy trial unless subpoenaed.
Interviews are usually conducted to determine whether a witness will be called to testify in a trial.
It is also understood that another witness, Hasanuddin Abdul Hamid, said he will only agree to be interviewed if his lawyer was present.
Besides Najib and Rosmah, other witnesses include former Malaysian Institute of Economic Research (MIER) executive director Mohamad Ariff Abdul Kareem and Bursa Malaysia chief operating officer Omar Malek Ali Merican.
The High Court ruled on May 16 that Anwar would have to defend himself on a charge of sodomising former aide Mohd Saiful Bukhari Azlan three years ago.
Mohd Zabidin had concluded that there was a prima facie case against the 63-year old opposition de facto leader, who is facing a second sodomy case charge in 13 years.
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