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Thursday, 4 February 2010

Anwar Invited Him To Have Sex Against Order Of Nature, Saiful Tells Court

KUALA LUMPUR, Feb 3 (Bernama) -- Mohd Saiful Bukhari Azlan revealed in the High Court here Wednesday that Opposition Leader Datuk Seri Anwar Ibrahim, whom he has accused of sodomising him, had invited him to engage in carnal intercourse against the order of nature.

The one-time Anwar special aide, who was the first witness in the sodomy trial, said the incident took place on June 26, 2008 after he and Anwar had finished discussing their work schedule at a unit of the Desa Damansara Condominium here.

Anwar had pleaded not guilty to the charge after it was read out to him before High Court Judge Datuk Mohamad Zabidin Mohd Diah.

The Parti Keadilan Rakyat (PKR) advisor and Member of Parliament for Permatang Pauh is charged with sodomising Mohd Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.

He is charged under Section 377B of the Penal Code and can be sentenced to a maximum of 20 years in jail and whipping upon conviction. The trial takes place 18 months after Anwar was charged in court in August 2008.

During the examination-in-chief by Solicitor-General II Datuk Mohd Yusof Zainal Abidin, Mohd Saiful said Anwar's invitation came after he (Mohd Saiful) had handed over documents he had brought from the office.

Mohd Yusof: What did you do with the documents when you entered (the condominium unit)? Mohd Saiful: I sat across the table from Anwar and handed over the documents.

Mohd Yusof: You sat down, handed over the documents. Then what? Mohd Saiful: After handing over the documents, we discussed our work schedule. Then, he asked me a question.

Mohd Yusof: What was the question? Mohd Saiful: Can I f--- you today? Mohd Yusof: What was your response when he posed the question? Mohd Saiful: (I was) angry and afraid.

Mohd Yusof: Did you say anything? Mohd Saiful: I rejected the offer.

Mohd Yusof: What did you say when you rejected (the offer)? Mohd Saiful: I said I did not want to do it.

Mohd Yusof: Did Anwar say anything when you said you did not want to do it? Mohd Saiful: In an angry tone, Anwar said "what?" Mohd Yusof: What was your response? Mohd Saiful: I repeated myself.

Mohd Yusof: Then? Mohd Saiful: Anwar became very angry. I became afraid. Anwar ordered me to the master bedroom.

Mohd Saiful said he obeyed Anwar's orders, and Anwar followed him (into the master bedroom), drew the curtains and switched off the bedroom lights.

Mohd Saiful said Anwar then asked him to wash himself in the bathroom.

Mohd Yusof: Were you undressed then? Mohd Saiful: Yes.

Mohd Yusof: After washing yourself? Mohd Saiful: I fetched a towel from the bathroom. I came out and hung my white T-shirt on a cupboard handle.

Mohd Yusof: You were wearing a towel? Mohd Saiful: I was wearing a towel.

Mohd Yusof: When you emerged from the bathroom, did you notice where Anwar was? Mohd Saiful: I noticed Anwar at a corner of the bed, at the foot of the bed towards the right.

Mohd Yusof: What was Anwar doing then? Mohd Saiful: He was standing wearing a white towel, and ordered me to go towards him. Then, while standing, he hugged me.

At this juncture, counsel Karpal Singh, who was representing Anwar, applied to have the proceedings conducted in-camera.

The judge allowed the application for the hearing when it continues Thursday.

Earlier, Mohd Saiful, 25, said he had gone to the condominium in a van and arrived in front of the guard house at about 2.15pm and had only to utter the word "Mokhtar" to be allowed to enter.

Mohd Saiful said he had gone to the condominium previously to meet Anwar, at another unit owned by a friend of Anwar by the name of Hasanuddin.

"To get to Unit No.1152, I had to take a lift and use the intercom, and each time I heard the same male voice answering, before the doors of the unit opened," he said.

He said when the doors of the unit opened, he saw Anwar sitting at the dining table.

Mohd Saiful said he had worked for Anwar for four months, from early March 2008 to June 28 of the same year, and stopped being Anwar's special aide because he did not wish to be sodomised by Anwar any more.

Mohd Saiful, who was wearing a blue shirt and a dark blue jacket, said he did not give Anwar any resignation letter but informed him of his resignation via email sent through his BlackBerry smartphone on June 27, 2008.

In the email, he had given Anwar two reasons why he was resigning, that he was undisciplined because he always came late to office and he was under qualified.

Asked by Mohd Yusof why he had resigned, Mohd Saiful said he did not wish to be used as in the charge.

However, when asked a second time why he had resigned, he said he no longer wanted to used as in the charge.

Mohd Saiful said that as he had started work a week before the 12th general election, he was engaged as a volunteer to draw up the election campaign schedule of Anwar.

After working for two months, in April, he was appointed a personal assistant but he was not given any appointment letter, he said.

Mohd Saiful said that as a personal assistant, he had four tasks to perform -- arrange secret meetings for Anwar to communicate with agents of MPs who wished to switch parties; assist Ibrahim Yaakub, a special aide of Anwar, to draw up Anwar's schedule; file Anwar's confidential documents such as bank statements and monitor Anwar's personal mobile phone every morning, such as checking on the short messaging service (SMS) messages.

Mohd Saiful said he was paid an official salary of RM1,000 a month and given an allowance of US$1,000 and HK$10,000, depending on the trips he made.

Asked by Mohd Yusof of his level of education, Mohd Saiful said that in 2003 he had attended a foundation course in electrical engineering at Universiti Tenaga Nasional (Uniten), and was offered a degree course. However, he said, he did not complete his studies because he did not pass the examination.

"My results were very bad. I was embarrassed and under pressure and decided to terminate my studies," he said.

Mohd Saiful was asked by Mohd Yusof to recall the police report he had made on June 28, 2008, two days after the alleged incident.

When Mohd Yusof asked him to state who had taken him to the Jalan Travers police station, Anwar's counsel Karpal Singh asked the court to expunge the words "kejadian kali terakhir" (the latest incident) from the third line of the police report.

Karpal Singh said the words "kejadian kali terakhir" implied that there had been other incidents before June 26, 2008.

Mohd Yusof said the police report was recorded based on what had been conveyed by the complainant and the prosecution could not stop such a report being made.

Mohd Yusof said that though the police reports carried the words, the prosecution would only base the case on the charge.

Justice Mohamad Zabidin Mohd Diah allowed Karpal Singh's application to remove the words because they implied that there had been previous such incidents.

In his opening statement, Mohd Yusof said the prosecution would adduce evidence to show that the semen specimen taken from Mohd Saiful's anus was confirmed by the Chemistry Department to be Anwar's.

Mohd Yusof is assisted by seven deputy public prosecutors, namely Datuk Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Noorin Badaruddin, Farah Azlina Latiff, Mira Mirna Musa and Naidatul Athirah Azmad.

Anwar is represented by, besides Karpal Singh, Datuk Param Cumaraswamy, Datuk C.V. Prabakharan, Ram Karpal Singh Deo, S. N. Nair, Mohd Radzlan Jalaludin and Marisa Regina Fernando.

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