• It’s 1998 once more - almost
• Anwar’s lawyer: Judge and prosecution team were fair this time around
• Five witnesses were with Anwar at material time, says Sankara
• US to monitor legal proceedings
• Ministry to explain sodomy charge overseas
KUALA LUMPUR: Mohd Saiful Bukhari Azlan is not being charged because he is the key witness in the sodomy case against PKR de facto leader Datuk Seri Anwar Ibrahim, said Home Minister Datuk Seri Syed Hamid Albar.
He said that in a criminal justice system, when a person comes forward to report on a matter, the person would be protected.
“Usually, the victim is given protection,” Syed Hamid said after the MoU signing ceremony between Malaysian and Australian Governments on immigration cooperation here yesterday.
He also said that Anwar was innocent until proven guilty by the court.
“However, it doesn't mean that we can't take action against him just because he is a VIP.” He also advised the public not to jump to conclusions before the case is decided by the court.
Asked on former US vice-president Al Gore's statement issued in Nashville, Tennessee, Syed Hamid said the was not surprised.
“He has been criticising us all this while. He should be happy that the case is now going to court. Even so, Anwar has been granted bail and he can stand in the Permatang Pauh by-election.
“Let the court decide. The bottom line is, justice will be served,” he said.
Earlier, Syed Hamid had briefed the Australian delegation on the case.
According to Australian Immigration and Citizenship Minister Senator Chris Evans, the Australian Government had been assured that proper judicial process would be followed.
At the Jalan Duta courts, immediately after he was released on bail, Anwar had asked why Saiful had not been charged as well since the alleged sodomy act was said to be consensual.
“If it is “suka sama suka” (consensual), why was I the only one being charged? If it is consensual, both should be charged,” he added.
Why isn’t Saiful charged too? asks PKR leader
KUALA LUMPUR: PKR adviser Datuk Seri Anwar Ibrahim pleaded not guilty to sodomising his former aide Mohd Saiful Bukhari Azlan over a month ago.
The party’s de facto leader denied having committed the offence at Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26.
The news that got many excited yesterday however, was that he walked out of court after posting a non-surety personal bond of RM20,000.
At the outset yesterday, when his name was called at 10.10am yesterday for the charge to be read out to him before Sessions judge S.M. Komathy Suppiah, Anwar who will turn 61 on Sunday, smiled and walked slowly to the dock under the watchful eyes of those in the packed courtroom.
Upon hearing the charge, Anwar said: “It is malicious slander and a betrayal. I am not guilty.”
Solicitor-General Datuk Idrus Harun, who led a four-man prosecution team, asked for bail to be set at RM20,000 in one surety and Anwar’s passport be surrendered to the court but lead defence counsel Sulaiman Abdullah went further to request for his client to be released on a personal bond.
Sulaiman said the nine-man defence team objected to the court retaining the passport saying there would be no possibility of Anwar absconding.
“Anwar is contesting for the Permatang Pauh parliamentary seat and has a strong possibility of going to Parliament. This morning it was announced that he would be made the Opposition Leader. It is inconceivable that he will not turn up in court for his case,” he said.
Sulaiman urged the court to consider Anwar’s public standing and the fact that he had cooperated with the authorities during investigations into the case.
Komathy then asked investigating officer DSP Jude Pereira, who is also Brickfields CID chief, if Anwar had been cooperative, to which, DSP Pereira said “Yes”.
She then asked Idrus whether there was a possibility of Anwar absconding or tampering with the witnesses, to which he said: “It is difficult to say but the possibility is always there.”
Sulaiman then argued that the case was an ideal one to grant a bond to let Anwar know that the law was on his side.
“This case is a rare case, but of course the second or third time,” he said drawing laughter from people in the public gallery. Anwar also smiled.
Anwar smiled as the judge, who granted the bond, inquired whether his birthday would be on Sunday. He confirmed it and thanked the judge for the bond, causing all his supporters in the courtroom to applaud and cheer loudly.
Komathy also set Sept 10 for mention pending any application to transfer the case to the High Court.
Speaking to reporters later, Anwar who signed his bond papers at 11.12am, said his case is not a normal case and that the defence would ask for a copy of the police report on the allegations against him.
He also asked why Saiful was not charged for the offence.
“Just imagine if Saiful had to sit in the same dock with me, what to do?” he asked as he winked at reporters and laughed aloud.
He also said that he had been teased and advised by his friends that he should learn a lesson not to have a “young, smart and handsome man around me”.
“I was told that I couldn’t bring a pretty girl. She (his wife Datuk Seri Dr Wan Azizah Wan Ismail) will object.
“I cannot bring a young man or old man. I can only bring an 80-year-woman on a wheelchair. I will be safe. If it's a pretty girl, Azizah will strangle me,” he said with laughter.
It’s 1998 once more - almost
KUALA LUMPUR: It was almost like 10 years ago, only this time things were less tense because the players knew what to do.
The charging of Datuk Seri Anwar Ibrahim here yesterday again saw a zealous police watch, hundreds of staunch supporters chanting Reformasi!, a high-level prosecution team keeping a stoic silence and battery of top-notch lawyers defending Anwar.
The media too, both local and international, turned out in full force at the Jalan Duta court to cover the event.
Police had turned the court into a high-security area by sending a large team of personnel, including FRU troops, to guard the court and the surrounding area well before the crowds started coming in around 9am.
Many at the court were heard grumbling about the heightened security because it hampered work.
Across the city, others complained about the police blocks which caused huge traffic jams.
However, there was “bright” side to all the drama. The event became a reunion of sorts for many who had also been involved in Anwar's earlier sodomy charge 10 years ago.
“How unfortunate that we have to meet under such circumstances. How have you been these last 10 years?" and “She was there in the court in 1998 and now we are meeting again under similar conditions'' were the common exchanges heard among the crowd.
A composed and smiling Anwar, the de facto PKR leader who stands accused of committing an unnatural sexual act, started his journey from his home in Bukit Segambut at 9.30am, accompanied by wife Datin Seri Dr Wan Azizah Ismail.
He arrived at the courthouse at about 9.40am, to loud chants of Reformasi! He continued to be the centre of attraction as he walked to Sessions Court 1 on the fourth floor, accompanied by party vice-president Mohd Azmin Ali, as a team of lawyers and supporters jostled to be near him.
Opposition party leaders were also present. The DAP father-and-son teams of Lim Kit Siang and Guan Eng, as well as Karpal Singh and Gobind Singh said they were there to support Anwar. PAS vice-president Datuk Husam Musa, who was there, said the trial must be fair.
Businessman Datuk Soh Chee Wen said he was in court to show support to a long-time friend. “We’ve been friends for more than 10 years. I believe friends should have some sense of honour. This is a high profile case but I still show my face because I want to lend him my support,” said Soh.
Anwar then emerged with Dr Wan Azizah and daughter Nurul Izzah after signing a personal bond. He proclaimed he was innocent and urged the supporters who had been chanting Reformasi! to be calm.
Anwar also chose to walk to the main gate in a show of thanks to his supporters, after which he was chauffeured home.
Anwar’s lawyer: Judge and prosecution team were fair this time around
KUALA LUMPUR: Supporters of Datuk Seri Anwar Ibrahim and PKR including his family members and lawyers commended the court for acting fairly at his latest sodomy case.
They claimed victory in round one of the trial after Anwar was released on a personal bond pending hearing.
“It is a good action by the judge. He does not have to pay money for his release,” Anwar's wife and PKR president Datuk Seri Dr Wan Azizah Wan Ismail said.
Dr Wan Azizah said she had been concerned as her husband suffers from back pain.
One of his lawyers, Sankara Nair said that although the offence could allow for discretionary bail, the defence team had been apprehensive because Anwar was denied bail at his earlier sodomy trial 10 years ago.
“I believe, with the prosecution team not opposing bail, this court, and this judge, has been fair,” Nair said.
DAP adviser Lim Kit Siang said he welcomed the decision to allow Anwar bail on a personal bond, but said there should not have been any charge in the first place.
Lim urged the Attorney-General's Chambers to reconsider and drop the charge.
“Malaysia does not need another cause celebre. It is not good because the whole country is put in the dock,” said Lim.
Party secretary-general Lim Guan Eng said the hearing was a first round victory for Pakatan Rakyat and he hoped that the trial would proceed fairly, so the truth would be known and those responsible charged.
PAS vice-president Datuk Husam Musa said it was welcome indeed for the court to be “seen to be fair”. He wanted such fairness to be the hallmark of the entire trial.
Five witnesses were with Anwar at material time, says Sankara
KUALA LUMPUR: Datuk Seri Anwar Ibrahim's defence team will produce at least five witnesses claiming they were with the PKR de facto leader at the material time of the unnatural sex charge.
“We have a water-tight alibi. In fact, we told the police about the alibi on July 10 at the police station. The police had also investigated and taken statements from all the witnesses that we named,” said Sankara Nair, one of Anwar's counsel.
He added the defence team was perplexed about why the police insisted on wanting to charge Anwar although alibi and witnesses had been produced.
Sankara claimed it was a frivolous and unnecessary charge which was politically motivated.
“There were people around him at the material time. Datuk Seri Anwar had said he was there at the condominium, but he had people around him because they were having a meeting,” Sankara told reporters outside the Sessions Court after Anwar was charged with committing consensual unnatural sex with his former aide Mohd Saiful Bukhari Azlan.
Saiful had on June 28 lodged a report against Anwar for sodomy.
He added that the medical report from Hospital Pusrawi – which allegedly found no medical indication that Saiful had been sodomised – was also strong supporting evidence.
Asked if the defence team was prepared if the prosecution piled on additional charges later, Sankara said the possibility was open because “there is a very powerful machinery out there.”
However, he said the charges would normally be filed together.
US to monitor legal proceedings
KUALA LUMPUR: The United States will closely monitor legal proceedings involving Datuk Seri Anwar Ibrahim's sodomy case.
The US Embassy, in a statement issued yesterday, urged that the rule of law be upheld.
It said the transparent and impartial application of the law in the case was crucial in order for continued confidence in Malaysia as a democratic country.
The statement said Anwar's past sodomy conviction pointed to a flawed legal process that led to the conviction being overturned later by the court.
Ministry to explain sodomy charge overseas
PETALING JAYA: The Foreign Ministry will organise a series of information sessions overseas on the sodomy case against PKR adviser Datuk Seri Anwar Ibrahim.
“We are preparing the facts,” said minister Datuk Seri Dr Rais Yatim.
“This will give the true picture so there will be no misconceptions that can hurt Malaysia’s image.
“Any judgment or directive by a court or the legal department should be upheld; foreign countries should understand the Malaysian legal system and that we do uphold the rule of law,” he told reporters at a press conference after opening the inaugural Malaysian International Law Symposium.
On the statement of former US vice-president Al Gore that the Malaysian government was involved in “character assassination to silence an effective leader of the political opposition,” Dr Rais said Gore should respect the laws of other countries.
“I think he should concentrate on his environmental pursuits instead of interfering. Anyway, he has gore-d us before,” punned Dr Rais, referring to the Apec Business Summit meeting in 1998 where Gore upset ministers when he praised the “brave people of Malaysia” fighting for reform and then walked out of the dinner.
Asked whether the Foreign or Home Ministry would be organising the consultation and preparing the state report for Malaysia’s Universal Periodic Review at the United Nations Human Rights Council next year, he said:
“Various departments are engaged in this exercise. The Home Minister will be annexing certain documents and I believe the Home Ministry will also be producing certain reports to augment the submission.”
Asked about Malaysia’s Olympic athletes who might be thinking of politicising the Tibet issue in China, he replied: “Do the sports, not the politics.”
-TMB
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