High Court dismisses the defence's application for a stay of proceedings pending an appeal to his decision yesterday. Trial continues.
8.50am: Solicitor-General (II) Mohd Yusof Zainal Abiden arrives at the Jalan Duta Court Complex with his team of prosecutors - Nordin Hassan, CK Wong and Noorin Badaruddin.
8.53am: Defence lawyers Param Cumaraswamy, CV Prabhakaran and Sankara Nair arrive.
Some members of the public have queued up to get into the courtroom since 5am for a front-row seat on Day 4 of the cross-examination of star witness Mohd Saiful Bukhari Azlan.
8.53am: Defence lawyers Param Cumaraswamy, CV Prabhakaran and Sankara Nair arrive.
Some members of the public have queued up to get into the courtroom since 5am for a front-row seat on Day 4 of the cross-examination of star witness Mohd Saiful Bukhari Azlan.
8.58am: Opposition Leader Anwar ibrahim arrives with his wife, PKR president Dr Wan Azizah Wan Ismail and daughter, Nurul Hana. Meanwhile, Anwar apologised to The Sun reporter S Tamarai Chelvi who was verbally abused and threatened by a local councillor and an unidentified man while covering the court proceedings on Monday.
Anwar was quoted by The Sun to have called Tamarai about 1.40pm yesterday during a break in the court hearing to express his regret over the incident which took place after the court stood down during his sodomy trial.
T
amarai, who was covering the trial, had told the two men who were talking loudly behind her to keep quiet when in court.
One of them, Klang municipal councillor M Suntharajoo had hurled derogatory words at her and the two men had also allegedly threatened her with physical harm. Tamarai lodged a police report on Tuesday.
Selangor exco Ronnie Liu was reported to have said the state government would also launch a probe into the matter and had apologised to the reporter.
However, no apology was forthcoming from the Klang councillor.
Anwar was quoted by The Sun to have called Tamarai about 1.40pm yesterday during a break in the court hearing to express his regret over the incident which took place after the court stood down during his sodomy trial.
T
amarai, who was covering the trial, had told the two men who were talking loudly behind her to keep quiet when in court.One of them, Klang municipal councillor M Suntharajoo had hurled derogatory words at her and the two men had also allegedly threatened her with physical harm. Tamarai lodged a police report on Tuesday.
Selangor exco Ronnie Liu was reported to have said the state government would also launch a probe into the matter and had apologised to the reporter.
However, no apology was forthcoming from the Klang councillor.
9.15am: Lead counsel in the defence team Karpal Singh arrives in court with lawyer Ram Karpal.
9.25am: Court in session
Before continuing the defence's cross-examination of key witness Mohd Saiful Bukhari Azlan, the court will first hear the application for a stay in proceedings pending an appeal against the judge's decision yesterday not allow Anwar Ibrahim access to the police statements made by the complainant of the sodomy allegation.
Lead defence counsel Karpal Singh applies for a stay of proceedings as soon as the court is called into session.
"The proceedings should be stayed until the appeal is heard by the Court of Appeal," Karpal tells the court.
The defence is seeking to obtain the statements given by Saiful to the police to determine whether there was a contradiction in the key witness's testimony where he said the alleged sodomy was non-consensual despite that the charge (under Penal Code section 377b) against Anwar was for consensual sex.
Judge Mohd Zabidin had yesterday ruled 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.
9.35am: Defence lawyer Karpal argues that Saiful's police statements and the sodomy charge against Anwar raises questions on the matter of consensual and non-consensual sex against the order of nature.
"This regards to the credibility of this witness,” he said. "If the appeal is allowed, then Saiful's credibility would be affected and the case will crumble.”
9.42am: Karpal adds that Saiful's testimony that the sodomy act was non-consensual will “implode the charge” that Anwar is facing as the opposition leader is charged with consensual sodomy.
"If the evidence of SP 1 (Saiful) is in question, no amount of further evidence will support the case."
9.47am: Defence lawyer Karpal Singh continues with his submission. He says even if a million of witnesses are called or a ton of evidence is produced, it would go to waste if Saiful's credibility is in question.
In arguing for a stay in proceedings, Karpal says it would be a waste of taxpayers' money if the trial is allowed to continue.
9.50am: Lead counsel for the prosecution team, Solicitor-General (II) Mohd Yusof Zainal Abiden argues that the judge's ruling is a procedural ruling and hence, thus not appealable.
In rebutting Karpal, he says merit is not considered as a special circumstance for a stay in proceedings.
"Hence, the application for a stay should be dismissed."
Lead defence counsel Karpal Singh applies for a stay of proceedings as soon as the court is called into session."The proceedings should be stayed until the appeal is heard by the Court of Appeal," Karpal tells the court.
The defence is seeking to obtain the statements given by Saiful to the police to determine whether there was a contradiction in the key witness's testimony where he said the alleged sodomy was non-consensual despite that the charge (under Penal Code section 377b) against Anwar was for consensual sex.
Judge Mohd Zabidin had yesterday ruled 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.
9.35am: Defence lawyer Karpal argues that Saiful's police statements and the sodomy charge against Anwar raises questions on the matter of consensual and non-consensual sex against the order of nature.
"This regards to the credibility of this witness,” he said. "If the appeal is allowed, then Saiful's credibility would be affected and the case will crumble.”
9.42am: Karpal adds that Saiful's testimony that the sodomy act was non-consensual will “implode the charge” that Anwar is facing as the opposition leader is charged with consensual sodomy."If the evidence of SP 1 (Saiful) is in question, no amount of further evidence will support the case."
9.47am: Defence lawyer Karpal Singh continues with his submission. He says even if a million of witnesses are called or a ton of evidence is produced, it would go to waste if Saiful's credibility is in question.
In arguing for a stay in proceedings, Karpal says it would be a waste of taxpayers' money if the trial is allowed to continue.
9.50am: Lead counsel for the prosecution team, Solicitor-General (II) Mohd Yusof Zainal Abiden argues that the judge's ruling is a procedural ruling and hence, thus not appealable.
In rebutting Karpal, he says merit is not considered as a special circumstance for a stay in proceedings.
"Hence, the application for a stay should be dismissed."
10.10am: High Court judge Mohd Zabidin calls for a break. He will announce his decision on whether he would grant a stay in proceedings when court resumes.
10.38am: Court back in session
Justice Mohamad Zabidin dismisses the defence's application for a stay of proceedings pending an appeal to his decision yesterday. He says the trial should proceed.
According to him, there are no special circumstances in the application to warrant a stay.
Mohamad Zabidin adds that yesterday's decision was a procedural ruling and hence it was not appealable.
"However, even if the defence feel it was appealable, the proceeding cannot be stayed."
According to him, there are no special circumstances in the application to warrant a stay.
Mohamad Zabidin adds that yesterday's decision was a procedural ruling and hence it was not appealable.
"However, even if the defence feel it was appealable, the proceeding cannot be stayed."
10.43pm: Judge Mohd Zabidin allows for a short break.
10.45pm: Court resumes.
Defence lawyer Karpal said he will meet up with Court of Appeal president Alauddin Md Sheriff to get an early date for the hearing of his appeal.
Judge Mohd Zabidin asked both parties - the defence and prosecution teams - to meet in chambers.
10.45pm: Court resumes.
Defence lawyer Karpal said he will meet up with Court of Appeal president Alauddin Md Sheriff to get an early date for the hearing of his appeal.Judge Mohd Zabidin asked both parties - the defence and prosecution teams - to meet in chambers.
10.57am: Court resumes.
Star witness Mohd Saiful Bukhari Azlan called to the stand. This is the fourth day in a row where he is being cross-examined by top defence lawyer Karpal Singh.
11am: Defence lawyer Karpal shows key witness Saiful the Malaysiakini report dated Aug 15, 2008, titled 'Saya diliwat tanpa rela'.
Solicitor-general II Mohd Yusof protests against the report being used.
However, judge Mohd Zabidin allows the defence to proceed. Saiful is asked to read the report in silence.
The report, dated Aug 15, 2008, was based on a press conference held by Saiful after he swore on the Quran at the Masjid Wilayah Persekutuan that he was sodomised by Anwar.
Solicitor-general II Mohd Yusof protests against the report being used.
However, judge Mohd Zabidin allows the defence to proceed. Saiful is asked to read the report in silence.The report, dated Aug 15, 2008, was based on a press conference held by Saiful after he swore on the Quran at the Masjid Wilayah Persekutuan that he was sodomised by Anwar.
11.07am: After Saiful finished reading the lengthy Malaysiakini report, Karpal asks: Is the report correct?
Saiful answers: "There is an error where I said this was the first time I was sodomised. I silap interpret soalan. (I misinterpreted the question)."
Saiful answers: "There is an error where I said this was the first time I was sodomised. I silap interpret soalan. (I misinterpreted the question)."
According to the Malaysiakini report, which included a transcript of Saiful's interview with journalists:
Wartawan: Ini kali pertama kamu diliwat?
Mohd Saiful: Ya, pertama kali.
Mohd Saiful: Ya, pertama kali.
Saiful maintains that he had been sodomised by Anwar before the June 26, 2008 incident.
11.11am: Defence lawyer Karpal continues quizzing Saiful.Karpal: The rest of the article is correct?
Saiful: Don't threaten me.
Karpal: Yang lain benar? (The rest is correct?) Why are you so frighten?
Saiful: I cannot confirm this is correct. I cannot confirm 100 percent the article is correct.
Saiful: Don't threaten me.
Karpal: Yang lain benar? (The rest is correct?) Why are you so frighten?
Saiful: I cannot confirm this is correct. I cannot confirm 100 percent the article is correct.
11.23am: Saiful disagrees that he lied in court in saying that when he met Najib on June 24, 2008, he told the then deputy prime minister that he had been sodomised by Anwar several times.
Karpal: Prior to March 2008, are you a strong supporter of BN and Umno?
Karpal: Prior to March 2008, are you a strong supporter of BN and Umno?
However, solicitor-general II Mohd Yusof raises an objection. He questions the relevancy of the question.
11.30am: Judge Mohd Zabidin allows question.
Karpal: You were a strong supporter of BN and Umno but you betray them. You are a pengkhianat (traitor)?
Saiful: Tak setuju, undi bebas.
He claims that Anwar sodomised him in Hong Kong, Bangkok and Singapore.
Saiful: Yes, I was a strong (BN-Umno) supporter, but I voted for PKR Subang parliamentarian R Sivarasa and PKR Bukit Lanjan state representative Elizabeth Wong.
Saiful: Tak setuju, undi bebas.
He claims that Anwar sodomised him in Hong Kong, Bangkok and Singapore.
Saiful: Yes, I was a strong (BN-Umno) supporter, but I voted for PKR Subang parliamentarian R Sivarasa and PKR Bukit Lanjan state representative Elizabeth Wong.
11.42am: Cross-examination of Saiful continues.
Karpal: Awak mandi pada Jun 26?
Karpal: Awak mandi pada Jun 26?
Saiful: Saya mandi pagi.
Karpal: Ada awak mandi serta cuci 'anus' selepas kejadian?
Karpal: Ada awak mandi serta cuci 'anus' selepas kejadian?
Saiful: Saya bilas (rinse).
Karpal: Kenapa tak cuci?
Saiful: Saya mahu simpan bukti.
Karpal: Kenapa tak buat lapuran polis masa 26 haribulan?
Saiful: Tidak.
Karpal: 27 haribulan, kenapa tak 'lodge report'?
Saiful: Saya takut ia akan 'affect' masa depan saya.
Karpal: Kenapa tak cuci?
Saiful: Saya mahu simpan bukti.
Karpal: Kenapa tak buat lapuran polis masa 26 haribulan?
Saiful: Tidak.
Karpal: 27 haribulan, kenapa tak 'lodge report'?
Saiful: Saya takut ia akan 'affect' masa depan saya.
11.54am: Defence lawyer Karpal applies for proceedings to be done in camera. Judge Mohd Zabidin agrees.
The court breaks for lunch and will resume at 2.15pm.
The court breaks for lunch and will resume at 2.15pm.
The High Court judge reminds members of the public and journalists that they are not allowed to attend the proceedings when court resumes after lunch.
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