Sodomy trial: Defence finds discrepancies

FULL REPORT KUALA LUMPUR: Anwar Ibrahim's sodomy trial has been adjourned to tomorrow after the defence raised discrepancies over the charges framed and accuser Mohamad Saiful Bukhari Azlan's testimony yesterday.
Defence lawyer Karpal Singh told the Kuala Lumpur High Court this morning that while Anwar was charged with allegedly committing consensual sex with Mohd Saiful, the witness had yesterday said that it was not consensual.

In this regards Karpal sought an application to seek Mohd Saiful's witness statement.
Karpal said Mohd Saiful, in his statements to the police, had stated that the alleged sodomy incident was without his consent, while the prosecution had charged Anwar under Section 377B of the Penal Code with consensual sexual intercourse.

He said this was the first case in the country of a major contradiction between the charge and the witness statement as well as the evidence by the witness in court.

Solicitor-General II Mohamed Yusof Zainal Abidin, who led the prosecution team, replied that it was the discretion of the Attorney-General, as the prosecutor, to charge any person under any section.
Following Karpal's application, judge Mohamad Zabidin Mohd Diah adjourned the matter to tomorrow to decide if he should order the prosecution to supply the witness statement to the defence.

Anwar, 63, is charged with sodomising his former aide Mohd Saiful, 25, at Unit 11-5-1 Desa Damansara Condominium, 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 faces up to 20 years' in jail and whipping upon conviction.In his opening statement, Solicitor-General II Mohd Yusof had told the court that 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.

Anwar is represented by Karpal, Param Cumaraswamy, CV Prabakharan, Ram Karpal Singh Deo, SN Nair, Mohd Radzlan Jalaludin and Marisa Regina Fernando.

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