No access for Anwar to Saiful's witness statement

PUTRAJAYA: Once again, Anwar Ibrahim failed to get access to all statements, including the witness statement of his accuser, Mohd Saiful Bukhari Azlan, in his sodomy trial when the Court Of Appeal upheld the High Court's decision today.

Justices Sulong Matjeraie, Ramly Ali and Zaharah Ibrahim held that they did not have the jurisdiction to hear and entertain the appeal because the High Court's ruling on that matter was not a final order which had the effect of finally determining the rights of the party.

The three-man bench dismissed the Opposition Leader's appeal and upheld the High Court's decision delivered on May 12, this year, in denying him access to Saiful's statements which were recorded by the police.

Anwar wanted all statements, including Saiful's witness statement, because he claimed that there were contradictions in Saiful's testimony adduced in the trial, and the sodomy charge framed against him (Anwar), which could lead to a possible impeachment of Saiful's credibility.

The 63-year-old Permatang Pauh MP claimed that the star witness (Saiful) had testified that the alleged sodomy took place without his consent, but Anwar was charged under Section 377B of the Penal Code, with consensual sexual intercourse.

In a unanimous decision, Sulong agreed with Solicitor-General II Mohd Yusof Zainal Abiden's submission that the court did not have the jurisdiction to entertain appeals on interlocutory matters which were decided in the course of a trial, by virtue of the amendment to Section 3 of the Courts of Judicature Act, because the ruling was considered not a final order.

He said the amendment to the section was to avoid trials being delayed as the losing party would bring the matter up to the higher court for appeal.

No contradiction

However, Anwar's counsel Karpal Singh submitted in the appeal proceedings today that his (Anwar's) matter was appealable because it was a final order which disposed of his rights.

Karpal said this was so, because if the star witness (Saiful's) credibility was impeached and his testimony was discredited, the prosecution's case would collapse and Anwar would be entitled to an acquittal.

Mohd Yusof, however, said there was no basis to warrant the request of the defence to be supplied with Saiful's statement because the law gave wide discretion to the attorney-general on the institution of criminal prosecutions.

Mohd Yusof said there was also no contradiction in the evidence given by Saiful in court, adding that the element of consent or non-consent was not an ingredient of the offence.

Anwar is on trial for allegedly sodomising Saiful, his former aide, at Unit 11-5-1 of the Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008.

He faces up to 20 years in jail and whipping, if convicted. The trial resumes on July 14.

Outside the court, Karpal said he would file for appeal to the Federal Court on Monday. Anwar was not present in court.

- Bernama