Judge Datuk Mohd Zabidin Mohd Diah said today 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.
Najib and Rosmah, along with former Inspector-General of Police Tan Sri Musa Hassan and former Malacca police chief Datuk Mohd Rodhwan Mohd Yusof, are four key witnesses expected to snub the trial unless compelled to appear.
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.
Speaking to reporters outside the courtroom, lead defence counsel Karpal Singh said the prosecution was now required to produce the 15 key witnesses with or without a subpoena.
“We are not bothered in what way they are brought here. They have to be brought here. That is the order of the court, and they must answer questions we put to them,” he said.
Anwar will be present at the witness interviews to be conducted by the defence team, Karpal added.
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.
The trial will resume next Monday to give time for the prosecution to prepare witness interviews.
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