KUALA LUMPUR: Opposition Leader Anwar Ibrahim today challenged the basis of sodomy allegations against him, saying he was charged with a consensual act while his accuser claimed he was assaulted.
Anwar, a former deputy premier who was sacked and jailed on separate sex and corruption counts a decade ago, is accused of sodomising 25-year-old Mohamad Saiful Bukhari Azlan, who was an aide in his office.
The 62-year-old father of six says the charges have been trumped-up in a political conspiracy aimed at ending his career after his opposition alliance made major strides in 2008 elections.
In court today Anwar's lawyers asked the judge for all statements that Saiful has made about the alleged incident, to show he had repeatedly said he was forced to have illicit sexual relations.
"It's the first time in a criminal case in this country that you have a statement to the police saying that the act was not consensual and yet the charge is consensual," Anwar told reporters.
"It is questioning the credibility of the prosecution. They looked at the evidence, they can't prove it so they changed (the charge)," he said.
"Saiful is not consistent, he is not telling the truth, so that's why we want the full statement."
Defence counsel Karpal Singh said that if they were able to prove the contradiction, the prosecution's case would collapse.
"Of course that's the end of it. It should be the end of the case," he told reporters.
Brief hearing today
In a brief hearing before the judge called an adjournment to consider the defence request for the documents, Karpal asked Saiful if he had always stated that the sodomy was against his will and Saiful said he had.
Karpal then asked him if this had always been the case and Saiful said he was not sure.
If convicted, Anwar could face up to 20 years imprisonment. Under the penal code, there are two alternatives for prosecutors to lay sodomy charges, for cases of either consensual or non-consensual acts.
The decision to charge Anwar with consensual sodomy had long raised questions marks among observers, given Saiful's repeated claims that he was forced into having sex with his boss.
Saiful himself has not been charged with any crime.
The trial opened briefly in February with explicit evidence from Saiful who said that Anwar propositioned him for sex shortly after he arrived at a Kuala Lumpur apartment on June 26, 2008 to deliver a document.
During cross-examination Monday when the trial resumed, Saiful confirmed he met with Prime Minister Najib Tun Razak four days before lodging a police report over the allegedly incident.
Anwar has said that Najib, who at the time was the deputy prime minister, must now appear as a witness. The premier has repeatedly denied any involvement in the case.
Anwar spent six years in jail on the original sodomy and corruption allegations until the sex conviction was quashed in 2004
12/05/10
PEOPLE'S POWER
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