Aside from Anwar, his defence team is expected to call seven other witnesses from the 24 already interviewed. Only former maid Fitria Dipan, who worked for Desa Damansara condominium owner Hasanuddin Abd Hamid, is left to be interviewed.It remains to be seen whether the seven include Prime Minister Najib Abdul Razak, his wife Rosmah Mansor and former police chief Musa Hassan.
There is still an issue of sodomy complainant Mohd Saiful Bukhari Azlan appearing on TV3 twice last week which the defence finds objectionable.There is also the matter of subpoenaing the seven witness, which may have to be dealt today.About 30 people have been queuing outside the courtroom on the fifth floor of the High Court at the Jalan Duta Court Complex as early as 6am to get into the public gallery.
The hearing is expected to begin at 9am.
LIVE REPORTS
8.28am: US embassy officials are among those
from the diplomatic missions to arrive on the fifth floor. The queue outside the
courtroom is getting longer.
8.40am: A Special Branch officer took
footage of the crowd waiting outside with a video camera before entering the
court.An anti-Anwar banner was reportedly seen outside the court
complex.
8.47am: Both journalists and the public are
allowed into the courtroom.
8.50am: The public gallery, which can
accommodate 70 people, is already full with the exception of the reserved
front-row seats.Foreign embassy
officials are on the left side of the front row. Behind the dock, where Anwar is
to be seated, are the seats set aside for family members.
8.56am: The prosecution team led by
solicitor-general Mohd Yusof Zainal Abiden along with five deputy public
prosecutors, is in court.
9.01am: Saiful's lawyer Zamri Idrus is also
in court.
9.02am: Defence lawyer Param Cumaraswamy arrives in court. He is joined by his colleague, Sankara Nair, who is with Australian specialist Dr Brian McDonald.
9.02am: Defence lawyer Param Cumaraswamy arrives in court. He is joined by his colleague, Sankara Nair, who is with Australian specialist Dr Brian McDonald.
9.12am: Anwar arrives with a large entourage
including his wife and PKR president, Dr Wan Azizah Wan Ismail.
Among MPs and assemblyperson present including Selangor exco Ronnie Liu, Balik Pulau MP Mohd Yusmadi Yusoff, PKR vice-president N Surendran and PKR disciplinary committee chairperson Dr Tan Kee Kwong.
Court is full to the brim. Some are all standing at the right side of the public gallery as all seats are taken up.
Among MPs and assemblyperson present including Selangor exco Ronnie Liu, Balik Pulau MP Mohd Yusmadi Yusoff, PKR vice-president N Surendran and PKR disciplinary committee chairperson Dr Tan Kee Kwong.
Court is full to the brim. Some are all standing at the right side of the public gallery as all seats are taken up.
9.21am: Another Australian, pathologist and
forensic expert Dr David Wells, is also in court.
Lead defence lawyer Karpal Singh has yet to arrive.Anwar's team is expected to reveal the defence list when the court hearing kicks off.
Lead defence lawyer Karpal Singh has yet to arrive.Anwar's team is expected to reveal the defence list when the court hearing kicks off.
9.27am: Lembah Pantai MP and PKR
vice-president Nurul Izzah Anwar is among those sitting in the public
gallery.Also in court is Queens Counsel
Mark Trowell, who is holding a watching brief for the Inter-Parliamentary Union
as well as the Commonwealth Lawyers Association.
9.31am: Selangor MB Khalid Ibrahim arrives
and shakes hands with Anwar and a number of embassy officials before taking a
seat in the public gallery.
9.33am: Karpal enters the courtroom with
defence lawyer Ram Karpal. The court is ready. There are about 20 people
standing in the public gallery.
9.34am: Court called into session. Justice Mohamad Zabidin Mohd Diah enters the courtroom.
9.34am: Court called into session. Justice Mohamad Zabidin Mohd Diah enters the courtroom.
9.35am: Karpal informs the judge that Anwar
will be giving his testimony from the dock.
He asked for 15 minutes break.
Justice Zabidin tells Anwar of the three options. He verifies that Anwar is giving statement from the dock. A statement given from the dock cannot be cross-examined by the prosecution.
Anwar answers 'yes'.
He asked for 15 minutes break.
Justice Zabidin tells Anwar of the three options. He verifies that Anwar is giving statement from the dock. A statement given from the dock cannot be cross-examined by the prosecution.
Anwar answers 'yes'.
9.38am: Court adjourns for 15 minutes as
requested by Karpal.
9.48am: PAS vice-president Mahfuz Omar
arrives and is seen talking to Anwar, who is in the dock, an area in which the accused is to sit during court proceedings.The court is still in recess.
9.55am: Court resumes. Although Anwar is
giving a statement from the dock, he is seated on the lawyer's bench where there
is a microphone.
There is pin drop silence as the gallery awaits Anwar's statement. Justice Zabidin notes that although the accused is sitted among lawyers, it is still considered a statement from the dock.
There is pin drop silence as the gallery awaits Anwar's statement. Justice Zabidin notes that although the accused is sitted among lawyers, it is still considered a statement from the dock.
9.57am: Anwar begins his statement by
recounting what happened in 1998 when he was sacked as the deputy prime minister
and faced his first sodomy trial.He said he refused then Prime Minister Dr Mahathir Mohamad's
instruction to resign.
He then speaks of a new conspiracy with a similar plot, this time involving Saiful."I categorically deny with the charge. I do not have any sexual relations with Saiful... They can do all they want but they won't be able to count me into submission," he said.
10.00am: Anwar quotes Nelson Mandela: "I
fought against white domination and black domination... It is an ideal I am
prepared to achieve." Anwar said that in 1998, he was blindfolded and
assaulted.
10.01am: Anwar says there was a cover up by Attorney-General Abdul Gani Patail and former IGP Musa Hassan over legal transgressions during the first sodomy trial. "These are the same personalities who are behind this in this (new) conspiracy... Circumstances compelling (me) that I have decided to take statement from the dock," said Anwar, his voice sounding hoarse.
He quoted Shakespeare's Hamlet and says he has been deprived of a level playing field.
10.01am: Anwar says there was a cover up by Attorney-General Abdul Gani Patail and former IGP Musa Hassan over legal transgressions during the first sodomy trial. "These are the same personalities who are behind this in this (new) conspiracy... Circumstances compelling (me) that I have decided to take statement from the dock," said Anwar, his voice sounding hoarse.
He quoted Shakespeare's Hamlet and says he has been deprived of a level playing field.
10.04am: Anwar claims unseen hands at work
and that it was "certainly" not the hand of god. He points to a statement by
Prime Minister Najib over his refusal to hand over his DNA sample.
Then then moves onto Saiful's statement on TV3 last week and calls it another blatant attempt to attack his character. However, he insinuates that it was Saiful's character that should be questioned. "Saiful has a scandalous affair with a member of the prosecution DPP and with another man."He notes intimidation of witnesses during the trial.
Then then moves onto Saiful's statement on TV3 last week and calls it another blatant attempt to attack his character. However, he insinuates that it was Saiful's character that should be questioned. "Saiful has a scandalous affair with a member of the prosecution DPP and with another man."He notes intimidation of witnesses during the trial.
10.10pm: Anwar cites in Latin that the judge
should have two swords - one representing conscientious and and another for
justice."He holds the balance between
the executive and subject. He should be mindful of god's commands," Anwar cited
a passage from Al Maidah chapter in Quran.
10.11am: Anwar laments that what happened
during his trial was not in accordance with justice as demonstrated by Justice
Akhtar Tahir in calling Utusan Malaysia and TV3 in the Sosilawati Lawiya
case."This marks a hallmark of judicial
activism."
He pointed out that Saiful's relationship with DPP Farah Azlina Latif would have alerted the court and judge."Yang arif did not chastise on Farah Azlina Latif, she is merely removed from the prosecution... Farah Azlina did not deny this and neither was Saiful called to deny this," he said.
10.15am: Anwar attacks Justice Zabidin's judgment in finding Saiful a truthful witness.
"My lawyers said Yang Arif (the learned judge) made a prejudgment in the matter. Had you acted correctly, I will choose to give my testimony from the witness stand," he explains.
He pointed out that Saiful's relationship with DPP Farah Azlina Latif would have alerted the court and judge."Yang arif did not chastise on Farah Azlina Latif, she is merely removed from the prosecution... Farah Azlina did not deny this and neither was Saiful called to deny this," he said.
10.15am: Anwar attacks Justice Zabidin's judgment in finding Saiful a truthful witness.
"My lawyers said Yang Arif (the learned judge) made a prejudgment in the matter. Had you acted correctly, I will choose to give my testimony from the witness stand," he explains.
10.17am: Giving another example of how he is
being denied a fair trial, Anwar cites the Court of Appeal judgment which turned
down the defence's third attempt to have the trial judge recused. He notes that the Court of Appeal took only
five minutes to make the decision and did not provide any grounds.
"The judgment is another scurrious attack on
me without giving any opportunity."
10.20am: Dead silence continues as everyone listens to Anwar attentively.
Anwar describe Court of Appeal judgment by Justice Abdul Malik Ishak was an attack on him.
"This case will fall in history. It is chronicled where the appeallant as an accused person filed applications, one after another, in an on-going sodomy trial," Anwar read Justice Abdul Malik's judgment.
Anwar argued that this remark was unfair because he has the right to exhaust all legal avenues.
10.28am: "How can I possibly give evidence
under oath when the DPP has, in his possession, the same judgment which could be
used against me in cross-examination?"
10.31am: Citing a case in India, Anwar says
the court should be independent from the pressures of the executive and
political whims.
10.36am: He reminds that it is proper for courts to administer justice but not attack a person.
10.36am: He reminds that it is proper for courts to administer justice but not attack a person.
10.37am: In the present case, Anwar said how
could he give evidence from the witness stand when the witnesses such as Najib,
Rosmah, Musa and Rodwan would not cooperate with the accused by saying: "we are
not prepared to be interviewed."
"This is at the suggestion of Yang Ariff," said Anwar.
"This is at the suggestion of Yang Ariff," said Anwar.
10.40am: Anwar says Justice Zabidin should
not enter to the arena with him making the statement in allowing the
interview.
Anwar complains that his alibi witnesses were made known to the prosecution, but it was later found that they were included in the prosecution list of witnesses but this was not supplied to his lawyers.
"They were defence alibi witnesses. I am informed this is the first time this has been done," he said.
Making matters more complicated for him was the fact that Jasanuddin Abd Hamid had his statements recorded by the police for 30 hours. He calls this a form of harassment.
"This was obvious when he was interviewed by the defence lawyers in my presence. The police investigation has scuttled my defence.
"To make a mockery of the situation, the prosecution offered at the close of their case an alibi witness named, Fitria binti Dipan, who by their own admission cannot be traced," he said.
Anwar complains that his alibi witnesses were made known to the prosecution, but it was later found that they were included in the prosecution list of witnesses but this was not supplied to his lawyers.
"They were defence alibi witnesses. I am informed this is the first time this has been done," he said.
Making matters more complicated for him was the fact that Jasanuddin Abd Hamid had his statements recorded by the police for 30 hours. He calls this a form of harassment.
"This was obvious when he was interviewed by the defence lawyers in my presence. The police investigation has scuttled my defence.
"To make a mockery of the situation, the prosecution offered at the close of their case an alibi witness named, Fitria binti Dipan, who by their own admission cannot be traced," he said.
Anwar reiterates he denies the allegations against him.
10.42am: Anwar points out certain facts
against Saiful's credibility which had been ignored by the trial judge.
Among others, Anwar said that Saiful's own admission during the examination-in-chief, he made no attempts to look the condo unit from the inside and made no attempts to flee the alledged sexual assault.
"His reason was that he was petrified by fear. But such a reason flies against the facts. Here is a man in his early twenties, a six-footer, physically fit and robust and with powerful connections in the top police brass as well as the political elite with access to the very inner sanctum of power.
"Additionally, he has also been a key Umno student operative, having undergone the rigorous training conducted by the Biro Tata Negara of the Prime Minister's Department," he said.
Among others, Anwar said that Saiful's own admission during the examination-in-chief, he made no attempts to look the condo unit from the inside and made no attempts to flee the alledged sexual assault.
"His reason was that he was petrified by fear. But such a reason flies against the facts. Here is a man in his early twenties, a six-footer, physically fit and robust and with powerful connections in the top police brass as well as the political elite with access to the very inner sanctum of power.
"Additionally, he has also been a key Umno student operative, having undergone the rigorous training conducted by the Biro Tata Negara of the Prime Minister's Department," he said.
10.46am: Anwar says no attempt was made by
Saiful to seek medical attention after the alleged sexual assault and he
attended a PKR meeting the next day.
He also attended the Anwar Ibrahim supporters club meet.
"Two days prior to alleged act he met with Najib and Rosmah and called Musa and met Rodwan."
Anwar called Saiful lying to his teeth but despite this, the trial judge found him to be a truthful witness.
He also attended the Anwar Ibrahim supporters club meet.
"Two days prior to alleged act he met with Najib and Rosmah and called Musa and met Rodwan."
Anwar called Saiful lying to his teeth but despite this, the trial judge found him to be a truthful witness.
10.50am: Anwar says the integrity of the
said DNA samples were compromised.
"Impartiality of the chemists is in question, with such degradation of all samples in this case," he said.
10.51am: Anwar asks for a few minutes break. Justice Zabidin says court will be in session by 11.15am.
"Impartiality of the chemists is in question, with such degradation of all samples in this case," he said.
10.51am: Anwar asks for a few minutes break. Justice Zabidin says court will be in session by 11.15am.
11.07am: All five of Anwar's daughters
including Nurul Izzah is in court. Also present is Batu MP and PKR vice
president Tian Chua.
11.16am: Court is now in session. Just as
Justice Zabidin walks in, a mobile sounded off and was quickly hushed.
Karpal applies that Anwar continue his statement sitting down.
Anwar resumes his statement and talks about his trial and his arrest on July 16, 2008.
Karpal applies that Anwar continue his statement sitting down.
Anwar resumes his statement and talks about his trial and his arrest on July 16, 2008.
11.18am: Anwar noted the trial within trial
ruling was reversed and this he described this as "something most shocking an
unprecedented".
11.20am: Anwar notes there is violation of Lock-Up Regulations where he had been placed beyond the lock-up period of 6pm to 6am.
11.20am: Anwar notes there is violation of Lock-Up Regulations where he had been placed beyond the lock-up period of 6pm to 6am.
11.23am: Anwar maintains the evidence obtain
from his cell were obtained through unfair methods.
11.24am: Anwar says there is not an iota of evidence, DNA or otherwise, that has ever been found in the premise of the alleged act, not in the wash room, bed room, carpets or anywhere else where such evidence ought to have been found.
11.25am: Anwar says the alleged semen sample retrieved from Saiful's anus were in degradation and deterioration after 90 hours.
"However all this was disregarded," he said.
11.24am: Anwar says there is not an iota of evidence, DNA or otherwise, that has ever been found in the premise of the alleged act, not in the wash room, bed room, carpets or anywhere else where such evidence ought to have been found.
11.25am: Anwar says the alleged semen sample retrieved from Saiful's anus were in degradation and deterioration after 90 hours.
"However all this was disregarded," he said.
11.28am: Anwar notes that the Hospital Kuala
Lumpur doctor who took the witness stand earlier had refused to look at his
notes while testifying but he was caught surreptitiously taking a sneak peak of
his notes.
11.30am: Anwar says the defence evidence
will show that while the prosecution claims to have proof of the presence of
"seminal fluid" or "sperm", this is completely unfounded.
"In fact, this purported proof is nothing but pure fabrication, a fact which is not that unusual considering the past history of the prosecution in this regard. If they had had any such forensic evidence, they would have guarded it for dear life rather than let it being handled in such a sloppy manner."
"In fact, this purported proof is nothing but pure fabrication, a fact which is not that unusual considering the past history of the prosecution in this regard. If they had had any such forensic evidence, they would have guarded it for dear life rather than let it being handled in such a sloppy manner."
11.37am: Anwar says all this is nothing but
a conspiracy by Prime Minister Najib to send him into political oblivion.
"I therefore declare that I have no faith whatsoever that justice will prevail in these proceedings."
"This is not a criminal trial. It is a charade staged by the powers that be to put me out of action in order that they remain in power," he said.
He went on further in saying this was similarly done by Dr Mahathir in 1998.
He points out the allegation surfaced just one month before he contested in the Permatang Pauh by-election.
"I therefore declare that I have no faith whatsoever that justice will prevail in these proceedings."
"This is not a criminal trial. It is a charade staged by the powers that be to put me out of action in order that they remain in power," he said.
He went on further in saying this was similarly done by Dr Mahathir in 1998.
He points out the allegation surfaced just one month before he contested in the Permatang Pauh by-election.
11.40am: Anwar says the entire conspiracy
revolved around Saiful being the pawn for shady plotters out to achieve their
ends.
11.42am: Anwar says the conspiracy was to inflict maximum damage to his character in the run-up to the by-elections.
11.43am: Anwar says it again that this is not a fair trial and that is now the holy month of Ramadhan.
"I was condemned to imprisonment not for any crime but for my political beliefs."
11.42am: Anwar says the conspiracy was to inflict maximum damage to his character in the run-up to the by-elections.
11.43am: Anwar says it again that this is not a fair trial and that is now the holy month of Ramadhan.
"I was condemned to imprisonment not for any crime but for my political beliefs."
11.45pm: Anwar attacks the judge, accusing
him of lacking impartiality.
"I say it because you have consistently refused to recuse yourself even in the face of mounting evidence of your bias against me."
He ends his statement by citing a verse from the Quran
"And when you judge between mankind then you judge justly."
11.47pm: The judge asks for a copy of the statement.
"I say it because you have consistently refused to recuse yourself even in the face of mounting evidence of your bias against me."
He ends his statement by citing a verse from the Quran
"And when you judge between mankind then you judge justly."
11.47pm: The judge asks for a copy of the statement.
11.48pm: Karpal asks the court to mark the
statement as exhibit. There was no objection from the prosecution.
However, chief prosecutor Yusof remarks that this was a
"different" style of statement from the dock and that it was a political
statement.
"I would love to cross-examine Anwar," said Yusof.
11.50am: Karpal informs he has subpoenaed
seven witness including Najib, Rosmah, Musa and Rodwan.
"Are they outside?," Karpal asks.
11.53am: Trial is adjourned until 9am tomorrow.
"Are they outside?," Karpal asks.
11.53am: Trial is adjourned until 9am tomorrow.
11.55am: Tomorrow the two Aussie expert will
be testifying along with Pusrawi doctor Dr Mohd Osman Abdul Hamid.
Source : http://www.malaysiakini.com/news/173710
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