'I never had any sexual relations with Saiful'

Opposition Leader Anwar Ibrahim is to give his statement from the dock on the first day of his defence in the Sodomy II trial, which means that he will not be cross-examined by the prosecution.

Entering its third year of hearing, Anwar's defence comes during the final stretch of the holy month of Ramadan and a week before Hari Raya Aidilfitri.

azlanAside from Anwar, his defence team is expected to call seven other witnesses from the 24 already interviewed. Only former maid Fitria Dipan, who worked for Desa Damansara condominium owner Hasanuddin Abd Hamid, is left to be interviewed.

It remains to be seen whether the seven include Prime Minister Najib Abdul Razak, his wife Rosmah Mansor and former police chief Musa Hassan.

There is still an issue of sodomy complainant Mohd Saiful Bukhari Azlan appearing on TV3 twice last week which the defence finds objectionable.

There is also the matter of subpoenaing the seven witness, which may have to be dealt today.

About 30 people have been queuing outside the courtroom on the fifth floor of the High Court at the Jalan Duta Court Complex as early as 6am to get into the public gallery.

The hearing is expected to begin at 9am.


LIVE REPORTS

8.28am: US embassy officials are among those from the diplomatic missions to arrive on the fifth floor. The queue outside the courtroom is getting longer.

8.40am: A Special Branch officer took footage of the crowd waiting outside with a video camera before entering the court.

An anti-Anwar banner was reportedly seen outside the court complex.

8.47am: Both journalists and the public are allowed into the courtroom.

8.50am: The public gallery, which can accommodate 70 people, is already full with the exception of the reserved front-row seats.

Foreign embassy officials are on the left side of the front row. Behind the dock, where Anwar is to be seated, are the seats set aside for family members.

8.56am: The prosecution team led by solicitor-general Mohd Yusof Zainal Abiden along with five deputy public prosecutors, is in court.

9.01am: Saiful's lawyer Zamri Idrus is also in court.

9.02am: Defence lawyer Param Cumaraswamy arrives in court. He is joined by his colleague, Sankara Nair, who is with Australian specialist Dr Brian McDonald.

9.12am: Anwar arrives with a large entourage including his wife and PKR president, Dr Wan Azizah Wan Ismail.

Among MPs and assemblyperson present including Selangor exco Ronnie Liu, Balik Pulau MP Mohd Yusmadi Yusoff, PKR vice-president N Surendran and PKR disciplinary committee chairperson Dr Tan Kee Kwong.

Court is full to the brim. Some are all standing at the right side of the public gallery as all seats are taken up.

9.21am: Another Australian, pathologist and forensic expert Dr David Wells, is also in court.

Lead defence lawyer Karpal Singh has yet to arrive.

Anwar's team is expected to reveal the defence list when the court hearing kicks off.

9.27am: Lembah Pantai MP and PKR vice-president Nurul Izzah Anwar is among those sitting in the public gallery.

Also in court is Queens Counsel Mark Trowell, who is holding a watching brief for the Inter-Parliamentary Union as well as the Commonwealth Lawyers Association.

9.31am: Selangor MB Khalid Ibrahim arrives and shakes hands with Anwar and a number of embassy officials before taking a seat in the public gallery.

9.33am: Karpal enters the courtroom with defence lawyer Ram Karpal. The court is ready. There are about 20 people standing in the public gallery.

9.34am: Court called into session. Justice Mohamad Zabidin Mohd Diah enters the courtroom.

9.35am: Karpal informs the judge that Anwar will be giving his testimony from the dock.

He asked for 15 minutes break.

Justice Zabidin tells Anwar of the three options. He verifies that Anwar is giving statement from the dock. A statement given from the dock cannot be cross-examined by the prosecution.

Anwar answers 'yes'.

9.38am: Court adjourns for 15 minutes as requested by Karpal.

9.48am: PAS vice-president Mahfuz Omar arrives and is seen talking to Anwar, who is in the dock, an area in which the accused is to sit during court proceedings.

The court is still in recess.

9.55am: Court resumes. Although Anwar is giving a statement from the dock, he is seated on the lawyer's bench where there is a microphone.

There is pin drop silence as the gallery awaits Anwar's statement.

Justice Zabidin notes that although the accused is sitted among lawyers, it is still considered a statement from the dock.

9.57am: Anwar begins his statement by recounting what happened in 1998 when he was sacked as the deputy prime minister and faced his first sodomy trial.

He said he refused then Prime Minister Dr Mahathir Mohamad's instruction to resign.

He then speaks of a new conspiracy with a similar plot, this time involving Saiful.

"I categorically deny with the charge. I do not have any sexual relations with Saiful... They can do all they want but they won't be able to count me into submission," he said.

10.00am: Anwar quotes Nelson Mandela: "I fought against white domination and black domination... It is an ideal I am prepared to achieve." Anwar said that in 1998, he was blindfolded and assaulted.

10.01am: Anwar says there was a cover up by Attorney-General Abdul Gani Patail and former IGP Musa Hassan over legal transgressions during the first sodomy trial.

"These are the same personalities who are behind this in this (new) conspiracy... Circumstances compelling (me) that I have decided to take statement from the dock," said Anwar, his voice sounding hoarse.

He quoted Shakespeare's Hamlet and says he has been deprived of a level playing field.

10.04am: Anwar claims unseen hands at work and that it was "certainly" not the hand of god. He points to a statement by Prime Minister Najib over his refusal to hand over his DNA sample.

Then then moves onto Saiful's statement on TV3 last week and calls it another blatant attempt to attack his character. However, he insinuates that it was Saiful's character that should be questioned.

"Saiful has a scandalous affair with a member of the prosecution DPP and with another man."

He notes intimidation of witnesses during the trial.

10.10pm: Anwar cites in Latin that the judge should have two swords - one representing conscientious and and another for justice.

"He holds the balance between the executive and subject. He should be mindful of god's commands," Anwar cited a passage from Al Maidah chapter in Quran.

10.11am: Anwar laments that what happened during his trial was not in accordance with justice as demonstrated by Justice Akhtar Tahir in calling Utusan Malaysia and TV3 in the Sosilawati Lawiya case.

"This marks a hallmark of judicial activism."

He pointed out that Saiful's relationship with DPP Farah Azlina Latif would have alerted the court and judge.

"Yang arif did not chastise on Farah Azlina Latif, she is merely removed from the prosecution... Farah Azlina did not deny this and neither was Saiful called to deny this," he said.

10.15am: Anwar attacks Justice Zabidin's judgment in finding Saiful a truthful witness.

"My lawyers said Yang Arif (the learned judge) made a prejudgment in the matter. Had you acted correctly, I will choose to give my testimony from the witness stand," he explains.

10.17am: Giving another example of how he is being denied a fair trial, Anwar cites the Court of Appeal judgment which turned down the defence's third attempt to have the trial judge recused.

He notes that the Court of Appeal took only five minutes to make the decision and did not provide any grounds.

"The judgment is another scurrious attack on me without giving any opportunity."

10.20am: Dead silence continues as everyone listens to Anwar attentively.

Anwar describe Court of Appeal judgment by Justice Abdul Malik Ishak was an attack on him.

"This case will fall in history. It is chronicled where the appeallant as an accused person filed applications, one after another, in an on-going sodomy trial," Anwar read Justice Abdul Malik's judgment.

Anwar argued that this remark was unfair because he has the right to exhaust all legal avenues.

10.28am: "How can I possibly give evidence under oath when the DPP has, in his possession, the same judgment which could be used against me in cross-examination?"

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