MOHD SAIFUL A CREDIBLE WITNESS, ANWAR TO ENTER DEFENCE, COURT RULES

UPDATE1


KUALA LUMPUR, May 16 (Bernama) -- The High Court Monday ordered Opposition
Leader Anwar Ibrahim to enter his defence on a sodomy charge against
his former aide, Mohd Saiful Bukhari Azlan, three years ago.

Justice Mohamad Zabidin Mohd Diah said the prosecution had proven a prima
facie case against Anwar and set June 6-30 for the defence case. Anwar
is expected to be the first witness to testify.

In his verdict, the judge said that key witness Mohd Saiful Bukhari Azlan
was a truthful, credible and reliable witness.

Mohamad Zabidin, who presided over the sodomy trial which began on Feb 3,
last year, said Mohd Saiful's testimony corroborated with that of expert
witnesses that there was penile penetration.

He said there was corroborative evidence to support Mohd Saiful's testimony
in camera over what actually transpired in the condominium.

"I find that the PW1 (1st prosecution witness, Mohd Saiful) is a truthful
witness and the court accepts his evidence to prove the case against the accused
(Anwar)," he said in his judgment which he took almost an hour and 45 minutes to
read out.

"I find that through the evidence by the witnesses, the prosecution had made
a prima facie case against the accused...therefore, I order the accused to enter
his defence," he said.

Mohamad Zabidin said the prosecution had relied on Mohd Saiful's testimony
but the defence claimed that Mohd Saiful was not a credible witness.

He pointed out that Mohd Saiful was subjected to a lengthy cross-examination
by the defence, to the extent of bordering on harrasment, where they had alleged
he was not a good Muslim, came from a broken family, that his sister eloped, was
a traitor and a Barisan Nasional (National Front), a major political coalition
in Malaysia, supporter.

"With the greatest respect to the defence, all these factors are not
relevant in determining PW1's (Mohd Saiful) credibility," he said.

Anwar, 63, pleaded not guilty on Aug 7, 2008 to committing carnal
intercourse against the order of nature at Kondominium Desa Damansara in Bukit
Damansara between 3.10pm and 4.30pm on June 26, 2008.

The charge under section 377B of the Penal Code carries sentence of up to 20
years' jail and whipping.

Mohamad Zabidin said that both the accused and Mohd Saiful were at the crime
scene (condominium) during the hour of the incident.

He said, both of them were captured on the closed circuit television (CCTV)
recording in the lift of the condominium and separately, heading to the fifth
floor of the building.

On the point raised by Karpal that Mohd Saiful never made any attempt to
escape or seek assistance at the condominium after the incident, Mohamad Zabidin
said the court had made a serious consideration on that matter.

Elaborating on this, he said Karpal submitted that Mohd Saiful's action
which
followed all the instructions by the accused, even had "karipap and drinks", not
to try to get help from the condominium people, not to complain to the guard,
not to lodge a police report, attended the PKR function the following day after
the icident, did not reflect the attitude of someone having been sodomised by
the accused.

Mohamad Zabidin said, based on Mohamad Saiful's evidence, it was
understandable why he had acted on that manner.

"He was a young man age of 22, under the employment of Anwar, he was just
not like any other employee...he was directly dealing with Anwar."

He said Mohd Saiful idolised Anwar since he was a child and found him to be
a charismatic leader and person, and the accused was generous to PW1 (Mohd
Saiful) and gave him special treatment, even presenting him with a suite.

Furthermore, the judge pointed out that it was Anwar who had reminded Mohd
Saiful to go to the condominium on June 26, 2008, to discuss his work schedule.

He said, although Mohd Saiful was subjected to a lenghty cross-examination
by the defence, the witness was consistent and described in detail, how Anwar
had introduced his penis into his anus with the aid of a lubricant.

"This evidence by Mohd Saiful has remained intact," noted Mohamad Zabidin.

He said Mohd Saiful's evidence had corroborated with three Kuala Lumpur
Hospital (HKL) specialists and from perfoma (medical history) recorded about 9pm
on June 28, 2008.

He said, Mohd Saiful had explained in detail to Dr Razuin Rahimi, over what
had transpired on that day, including penetration, ejaculation and condom not
used during the sex act.

The judge said Mohd Saiful had also told the doctor that the act had been
taking place for two months and that the last incident occured on June 26, 2008.

On the issue of the three HKL doctors' initial findings that there was no
evidence of penetration or defensive wounds, he said their testimonies were
based on the initial clinical examination without laboratory report.

He said they had explained that penetration could occur without causing any
injury and it could be attributed to three reasons -- delay in consulting a
doctor, no force used during the intercourse and lubricant applied during the
act.


"Further analysis on the swabs lifted from Mohd Saiful's anus confirmed the
presence of semen and penile penetration."

On the issue of the three doctors not competent in carrying out medical
examination on sodomy victims, the judge said based on the qualification and
training they had undergone locally and overseas, it was proven they were
qualified in conducting such medical examination.

He ruled out possible tampering of exhibits collected from the police cell,
where Anwar was detained overnight at the Kuala Lumpur police headquarters.