KUALA LUMPUR, Feb 16 — Datuk Seri Ibrahim wants the sodomy charge against him to be dismissed in light of “new evidence” found in an initial proforma report revealed in the trial today.
Dr Khairul Hakim, one of the Hospital Kuala Lumpur doctors who had examined Mohd Saiful Bukhari Azlan on June 28, 2008, admitted today that Saiful’s testimony — based on the proforma report — had only stated “attempted” sodomy and oral sex.
Anwar’s defence counsel, Karpal Singh, argued today that this proved that the charge was groundless.
He said that under the criminal procedure code, only Attorney-General Tan Sri Abdul Gani Patail could withdraw the charge.
“In light of recent evidence it is obvious that the charge is groundless. The proforma report clearly shows that Saiful had complained of attempted sodomy and oral sex, this contradicts his own claims.
“I call on the AG to withdraw the charge to avoid further embarrassment to the country. In the course of the prosecution, we have different versions concerning fundamental issues in this trial,” Karpal told reporters.
Anwar, who was also present, said that the new evidence proved that his prosecution was “trumped up, frivolous and baseless.”
“This is a persecution... why [does] the AG want to pursue and persist in this politically-motivated charge?” said Anwar.
According to the proforma report, Saiful had told the examining doctors that he resisted the alleged sodomy “attempt.”
Dr Khairul, upon cross-examination this morning admitted that many important requirements of the case — such as whether Saiful washed his mouth after the alleged act, or whether he had any muscle tears or staining of buttocks — was not mentioned by the complainant in the report.
The trial will resume at 2pm.
Anwar, the 63-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.
The former deputy prime minister is charged with sodomising a former aide, Mohd Saiful Bukhari Azlan 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.
Anwar 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.
He 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 three years ago led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
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