Question of consent halts Anwar’s sex trial

KUALA LUMPUR, May 11 — Datuk Seri Anwar Ibrahim’s sodomy trial came to an abrupt halt today as his defence team sought to impeach the prosecution’s star witness’ contradictory statements whether the sex act was consensual or not.
Anwar’s lead counsel Karpal Singh, Anwar’s said in court that Mohd Saiful Bukhari Azlan’s cautioned statements given to the police “contradicted” the actual sodomy charge against Datuk Seri Anwar
Ibrahim.
The veteran lawyer has demanded the High Court supply the defence team with the full list of Saiful’s statements to the police.
Karpal argued that the defence team had a “hunch” that there would be a contradiction between the statements given to the police and court with the actual charge against the Pakatan Rakyat (PR) defacto leader.
“There is a major contradiction in his (Saiful’s) statements which in turn is a contradiction of the charge in itself.
“In court, he says that the alleged act took place without consent. We have reason to believe that there is a contradiction between charges framed and evidence given. The charge is based on consensual sex
against the order of nature while what Saiful says is non-consensual sex against the order of nature,” said Karpal to reporters after the trial was adjourned for the judge to consider the defence team’s
request for the cautioned statements.
Karpal’s contention is that Anwar is currently being charged under Section 377(B) of the Penal Code which touches on carnal intercourse against the order of nature with consent, and carries a penalty of 20 years imprisonment.
However, Saiful’s statements in court so far and in the police report states that the act of intercourse was without consent, which would mean that the charge should have been under Section 377(C) which then carries a penalty of 5-20 years imprisonment.
“The public prosecutor would not and could not have been able to charge Anwar for 377(B) when the evidence reflects 377(C) so clearly there is basis,” added Karpal.
Anwar, the 62-year-old PKR de facto leader, is charged with sodomising Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
The former deputy prime minister has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.
Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences. He was freed in September 2004 and later resurrected his
political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.