There were some tense moments in court today when High Court judge Mohamad Zabidin Mohd Diah said he may initiate contempt of court proceedings against defence lawyer Karpal Singh.
*Please scroll to the bottom to see the latest updates
9.03am: Opposition Leader Anwar Ibrahim arrives with his wife and PKR president Dr Wan Azizah Wan Ismail and daughter Nurul Izzah, who is Lembah Pantai parliamentarian.
Among those seen in the public gallery are PAS vice-president Tuan Ibrahim Tuan Man, PAS Tumpat MP Kamaruddin Jaafar and PKR vice-president Azmin Ali.Solicitor-General (II) Mohd Yusof Zainal Abiden arrived earlier with his
Following complaints from the public over the limited seats available at the Jalan Duta Court Complex with some unable to get into the courtroom yesterday,
Journalists are allowed to enter via the witness room, while the public enter through the main doors.
High Court justice Mohd Zabidin Mohd Diah will make his decision later as to whether to allow the defence access to key witness Mohd Saiful Bukhari Azlan's statement to
9.15am: Court starts. Mohd Zabidin dismisses Karpal Singh's application for access to complainant Mohd Saiful Bukhari Azlan's statement which he gave to Mohd Zabidin says that the attorney-general has wide discretionary power to charge a person under whichever section he deems appropriate.
Under the Penal Code, there are two alternatives for prosecutors to lay sodomy charges covering 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.
"Although there is material contradiction in
Judge asks the defence to continue the cross-examination of Saiful.
9.25am: Defence lawyer Karpal Singh applies for the matter to be appealed to a higher court. He also seeks a stay of proceedings pending the defence's appeal.
"We have now until the end of the month to persuade the Court of Appeal to give an early date (for the appeal)."
9.41am: Solicitor-General (II) Mohd Yusof said
Citing case laws, Yusof argues that the stay should not be granted, and that the appeal could be made at the final stage.
Yusof said Karpal could raise his objection over the admissibility of Saiful's testimonyat the final stage of
Karpal also complained that Yusof had come prepared to object to the stay application in expectation of today's ruling.
9.46am: Judge Mohamad Zabidin warns that in light of the statement, there might be contempt of court proceedings.This comes after Karpal made the allegation that Solicitor-General (II) Mohd Yusof had "came prepared" for today's trial and was ready to submit his arguments to object to the defence's application for a stay in proceedings.
Karpal apparently hinted that the solicitor-general already knew the judge's decision and had come ready to argue against his stay application.
The court stands down.
10.02am: Defence lawyer Karpal Singh argues that what he had earlier said regarding Solicitor-General (II) Mohd Yusof was not contemptuous of the court. All he wanted was time to reply to what the solicitor-general had submitted.
"I need time to reply. Give me half-an-hour or an hour to make a reply," he said.
Justice Mohamad Zabidin decides not to initiate contempt proceedings against Karpal.
He then allowed a brief postponement for Karpal to prepare his arguments on why there should be a stay in proceedings pending an appeal against today's High Court decision.
Karpal is seeking a stay to appeal against the Zabidin's decision to reject his application for access to complainant Mohd Saiful Bukhari Azlan's statement which he gave to
10.15am: The court takes a break for one hour.
11.04am: Trial resumes.
11.15am: Karpal submits that the court should allow a stay as the defence had to file an affidavit along with a notice of motion.
"We are prepared to file it this afternoon. This is a requirement set by the Federal Court - that an affidavit must be filed," he said.
Karpal goes on to say the defence is not seeking to delaythe trial but must file the application and affidavit and serve it on the prosecution.
"That is what the law says," he said.
Prosecutor Yusof, however, argues that the cross-examination of Saiful should continue while lawyers prepare the necessary documents.
Karpal (right) retorts by asking why petty issues are being raised and questions the rush.
"We are bound by the Federal Court ruling where an affidavit must be deposed stating the special circumstances. It must not be from the statement from the Bar.
"If the proseution wants to go ahead, it would be in violation, and, similarly with the court, it may commit contempt."
11.22am: Justice Zabidin rules that until a proper application has been filed, trial should continue.
11.23am: Saiful takes the stand.
11.28pm: Saiful says he spent about 20 minutes with then deputy premier Najib Abdul Razak at the latter's house in Taman Duta.
11.37am: SAC Rodwan Mohd Yusof has been called into the courtroom regarding the meeting he had with Saiful at Hotel Melia. Saiful identifies Rodwan.
11.41am: Saiful tells the court that he complained to SAC Rodhwan Mohd Yusof about his "problem" in a room at Hotel Melia. “He did not take (my) statement and did not ask me to lodge (a police) report (against Anwar).
Saiful says he met Rodwan again the next day (June 25) at Concorde Hotel.
11.47am: Saiful adds that he had also contacted IGP Musa Hassan to complain about his "problem" with Anwar.
11.49am: Saiful says: “I contacted Musa on June 25 in the morning and talked to him for about one minute.”
He explains how he got police chief Musa Hassan's phone number. According to him, he overheard a conversation in which Musa's phone number being called out when he was in Najib's house and stored it.
He called Musa once using the number, and that was it.
11.57am: Saiful say he also got to know Ezam Mohd Noor when he was brought by one 'Rahimi' to meet him at around midnight on June 27, (the morning of) 28.
"I was with Rahimi and his uncle Tuah," says Saiful.
12.05pm: Court adjourns for lunch break.
11.04am: Trial resumes.
11.15am: Karpal submits that the court should allow a stay as the defence had to file an affidavit along with a notice of motion.
"We are prepared to file it this afternoon. This is a requirement set by the Federal Court - that an affidavit must be filed," he said.
Karpal goes on to say the defence is not seeking to delay
"That is what the law says," he said.
Prosecutor Yusof, however, argues that the cross-examination of Saiful should continue while lawyers prepare the necessary documents.
Karpal (right) retorts by asking why petty issues are being raised and questions the rush."We are bound by the Federal Court ruling where an affidavit must be deposed stating the special circumstances. It must not be from the statement from the Bar.
"If the proseution wants to go ahead, it would be in violation, and, similarly with the court, it may commit contempt."
11.22am: Justice Zabidin rules that until a proper application has been filed, trial should continue.
11.23am: Saiful takes the stand.
11.28pm: Saiful says he spent about 20 minutes with then deputy premier Najib Abdul Razak at the latter's house in Taman Duta.
11.37am: SAC Rodwan Mohd Yusof has been called into the courtroom regarding the meeting he had with Saiful at Hotel Melia. Saiful identifies Rodwan.
11.41am: Saiful tells the court that he complained to SAC Rodhwan Mohd Yusof about his "problem" in a room at Hotel Melia. “He did not take (my) statement and did not ask me to lodge (a police) report (against Anwar).
Saiful says he met Rodwan again the next day (June 25) at Concorde Hotel.
11.47am: Saiful adds that he had also contacted IGP Musa Hassan to complain about his "problem" with Anwar.
11.49am: Saiful says: “I contacted Musa on June 25 in the morning and talked to him for about one minute.”
He explains how he got police chief Musa Hassan's phone number. According to him, he overheard a conversation in which Musa's phone number being called out when he was in Najib's house and stored it.
He called Musa once using the number, and that was it.11.57am: Saiful say he also got to know Ezam Mohd Noor when he was brought by one 'Rahimi' to meet him at around midnight on June 27, (the morning of) 28.
"I was with Rahimi and his uncle Tuah," says Saiful.
12.05pm: Court adjourns for lunch break.
12.05pm: Court adjourns for lunch break.
12/05/10
No comments:
Post a Comment