‘Statement I gave to police altered’

Copy served as evidence has a page material to the case missing, says Anwar.

FULL REPORT

KUALA LUMPUR: PKR leader Anwar Ibrahim said at his sodomy trial today that the statement given to the police following his arrest in 2008 was not what was tendered as evidence.

  He said there were marked differences in the copy given to him this morning and the version that he gave to investigating officer DSP Jude Pereira following his arrest on July 16, 2008.

“My point is 112 (the statement) has two versions – what was sent to us and what is being shown to me now. This is not a copy of the original,” said Anwar.

“We assumed it would tally with the original,” said one of Anwar’s lawyers Ram Singh, “but one of the pages material to the case is missing.

“It contains the charge read out to Anwar when a statement was taken from him while he was arrested in July.”

“There are also other discrepancies such as the word ‘sulit’ appearing on the original but not on the copy served this morning.

“It had different-looking signatures and Pereira’s name and designation did not appear on the original but was on the copy presented this morning,” he added.

The statement Anwar gave two years ago was served on lawyer Sankara Nair on Nov 14, 2008.
Anwar’s lead counsel Karpal Singh said that the (Section) 112 statement recorded (under the Criminal Code Procedure) by Pereira differed from the one served to Sankara.

Overnight detention unnecessary

Another of Anwar’s lawyers Sivarasa Rasiah testified this morning that it was Pereira’s decision to detain the opposition leader overnight after his arrest on July 16, 2008.

He said that it was unnecessary for Anwar to be detained overnight as all Pereira claimed to want was the completion of his statement which could have been done the next morning.

“On top of that, the grounds for arrest weren’t given. The whole arrest is mala fide (in bad faith),” said Sivarasa.

Anwar, who was recalled to the stand this morning, said that Pereira did not inform him of the grounds of arrest.

Karpal: Only the charge was read, no grounds of arrest was given?

Anwar: Yes. There must be reason to arrest a person. The police must have basis for the arrest.

During today’s proceedings, Anwar’s lawyers also wanted to put former home minister Syed Hamid Albar, former IGP Musa Hassan and CID director Mohd Bakri Zinin in the witness stand, but withdrew this request following discussions in chambers today.

The High Court is hearing a trial-within-a-trial to determine the admissibility of three items as evidence.
The items – a toothbrush, a mineral water bottle and a towel – were taken from Anwar’s holding cell where he was kept overnight.

Police officer: Grounds of arrest told

Meanwhile, a police witness told the court that both Anwar and Sankara were informed that the arrest under Section 377B of the Penal Code was to facilitate police investigations on a sodomy case.

Superintendent Ahmad Taufik Abdullah, of the federal police headquarters in Bukit Aman, said that the investigations were based on a report lodged by Mohd Saiful.
The Serious Crime Division (D9) officer — the only rebuttal witness called by the prosecution — reiterated that he informed Sankara when the lawyer approached him after he (Ahmad Taufik) and his (police) team stopped Anwar’s car at Jalan Segambut about 1pm on July 16, 2008.

The witness also told the court that Anwar was informed under which section (of the law) he was detained while the accused was driven to the Kuala Lumpur Police Contingent Headquarters (IPK KL).

During examination-in-chief by Solicitor-General II Mohamed Yusof Zainal Abiden, Ahmad Taufik said the warrant of arrest was handed over to him by investigating officer Pereira and it was served on Anwar at the police station.

He added Anwar acknowledged it by signing on the warrant and he (Ahmad Taufik) made a copy before handing it back to Pereira.
Asked when the warrant was issued, Ahmad Taufik replied it was on July 15, by the Kuala Lumpur magistrate”s court.

Queried further by Mohamed Yusof on whether he just showed the warrant or read out its contents, the witness said he did both.

‘Not lying’
Cross-examined by Karpal Singh who contended that there were two arrests on that day on Anwar, Ahmad Taufik explained that arrest was carried out at Jalan Segambut and the warrant served at IPK KL.

He disagreed with Karpal that he was lying that he had informed Sankara on the grounds of arrest, whereas Sankara in his testimony repeatedly said the arresting officer did not do so.

Re-examined by Mohamed Yusof, Ahmad Taufik said he had no reason not to inform Nair on the grounds of arrest.

The court will reconvene at 8.30am Monday morning before High Court judge Mohamad Zabidin Mohd Diah at the Kuala Lumpur Court Complex.

This is the second time PKR de facto leader has been charged with sodomy, the first being in 1998 alongside charges of corruption.

The complainant is Anwar’s former personal aide, Mohd Saiful Bukhari Azan, who accused Anwar of sodomising him at a condominium in Bukit Damansara on June 26,2008. If convicted, Anwar faces a maximum of 20 years jail and whipping.