Anwar fails to get Saiful's written statement

KUALA LUMPUR: The High Court this morning ruled against Anwar Ibrahim's application to obtain Mohd Saiful Bukhari Azlan's written statement from the prosecution.

Justice Mohamad Zabidin Mohd Diah also said that there was no contradiction from Mohd Saiful on the sodomy incident allegedly committed by Anwar.

The judge further ruled that it was the Attorney-General's discretion to frame a charge against an accused person.

Following this Anwar's lawyer Karpal Singh applied for a stay of the trial, pending his appeal over the dismissal of the application for Mohd Saiful's written statement.

Justice Mohamad Zabidin Mohd Diah, after a brief recess, ruled that the trial should continue and ordered Mohd Saiful to take the stand again for him to be cross-examined by Karpal.

Yesterday Karpal sought the court to order the prosecution to submit Mohd Saiful's written statement after claiming that there were discrepancies over the charges framed and Mohd Saiful Bukhari Azlan's testimony.

Karpal said that while Anwar was charged with allegedly committing consensual sex with Mohd Saiful, the witness had said that it was not consensual.

Solicitor-General II Mohamed Yusof Zainal Abidin, who led the prosecution team, had replied that it was the discretion of the Attorney-General, as the prosecutor, to charge any person under any section.

Uproar in court

Earlier today, following the judge's morning ruling against the witness statement application, fireworks exploded in the courtroom with Karpal alluding that the prosecution seemed to be aware of the decision that was to be made.

At one point, judge Mohamad Zabidin threatened to charge Karpal with contempt proceedings. Matters turn to normal after Karpal explained his argument to the court.

Anwar, 63, is charged with sodomising his former aide Mohd Saiful, 25, at Unit 11-5-1 Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.

He is charged under Section 377B of the Penal Code and faces up to 20 years' in jail and whipping upon conviction.In his opening statement, Solicitor-General II Mohd Yusof had told the court that the prosecution would adduce evidence to show that the semen specimen taken from Mohd Saiful's anus was confirmed by the Chemistry Department to be Anwar's.

Anwar is represented by Karpal, Param Cumaraswamy, CV Prabakharan, Ram Karpal Singh Deo, SN Nair, Mohd Radzlan Jalaludin and Marisa Regina Fernando.

Meanwhile, Mohd Yusof is assisted by seven deputy public prosecutors, Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Noorin Badaruddin, Farah Azlina Latiff, Mira Mirna Musa and Naidatul Athirah Azmad.

12/05/10