Reporting from the sodomy II trial, not quite live

Posted on May 12, 2010

6


Proceedings resumed at 9.15am.

Judge dismissed the application by the defence to have Saiful’s 112 statement which was sought with a view to impeaching the testimony of Saiful.

Judge took the view, as advanced by the prosecution yesterday, that it was within the purview and the discretion of the public prosecutor whether to charge Anwar under section 377b, as they have done now, for consensual carnal intercourse against the order of nature, or under section 377c, where the intercourse must have been non-consensual.

Karpal then sought a stay of the rest of the proceedings pending an appeal to the Court of Appeal against the decision of the judge.

Stay application opposed by prosecution, armed with authorities.

Karpal exclaims surprise that prosecution had anticipated the judge’s decision and had come armed with authorities to resist a stay application pending appeal.

Judge appears unhappy with Karpal’s exclamation, adjourns proceedings abruptly and, as he leaves for his chambers, makes the observation that there is such a thing as contempt.

Poceedings resume at 9.56am.

Karpal explains that all he had meant was that the prosecution had come better prepared for his stay application and that he would need time to reply to the authorities of the prosecution.

Judge inquires how much time Karpal requires.

Karpal first intimates that a half hour would suffice, then asks for an hour.

Judge allows the adjournment to enable Karpal to reply to submissions by prosecution on the stay.

Court in session again at 11.02am

Karpal informs the court, relying on a decision of the Federal Court, that the application for stay would have to be supported by an affidavit showing special circumstances. Karpal says he would need time to have the affidavit settled and served on the prosecution. Indicates that this could ne done by the afternoon so that the stay application might be heard the following morning.

Prosecution, in reply, agrees that the stay application needs to proceed on the basis of sworn evidence showing special circumstances. However, he contends that until such application for stay, together with the requisite affidavit, is before the court, the roceedings should go on.

Judge retires to consider.

Proceeding resumes at 11.20am.

Judge agrees with prosecution. Until formal application for stay is before the court, proceedings to continue.

Saiful recalled to the stand and takes oath.

He confirms that on 24th June, 2008, he went to see Najib at the latter’s residence at Taman Duta, after the Maghrib prayers.

He confirmed that apart from Najib, a guard and a maid might also have been there.

He also confirmed seeing Rosmah there, but this was on his way out.

He denied a suggestion by Karpal that Mumtaz Jaafar was also there at the meeting with Najib.

He explained that he was brought to Najib’s house by the latter’s special officer, Khairil Anas. He said that prior to coming to Najib’s house, he was at the house of Khairil.

Saiful confirmed that his meeting and discussion with Najib lasted for about 20 minutes.

He also confirmed that he had never met Najib prior to this.

Saiful confirmed that he had been to Najib’s office either in December 2007 or January 2008 to get a letter of support for his application to train as pilot. He had not met Najib then, but only met Khairil.

When asked by Karpal about his academic qualifications, he said that he had dropped out of university. Karpal asked if he was kicked out of university, but Saiful maintained he had dropped out.

To a suggestion by Karpal that he was not a good student, Saiful did not respond.

Karpal put it to Saiful again that  Mumtaz was present when he met Najib. Saiful again denied this.

Saiful confirmed that he knew Rahimi Osman and that they were friends.

Karpal put it to Saiful again that  it was Mumtaz who took him to meet Najib. Saiful again denied this.

Asked where he went after the meeting with Najib, Saiful said that he proceeded back to Khairil’s house. After a few hours there, he met SAC Rodwan at Melia Hotel.

Saiful confirmed that Rodwan had called him by phone and asked to meet at the hotel.

Karpal repeatedly asked Saiful if it was not strange that he should be asked to meet the police officer at a hotel rather than at the police station. Saiful repeatedly said that it was not strange.

To a question by Karpal, Saiful confirmed that Najib had not advised him to make a police report with regard to his allegation against Anwar.

SAC Rodwan called in and duly identified by Saiful.

Saiful confirms that his meeting with SAC Rodwan at Melia Hotel was his first meeting with the police officer.

He confirms that the meeting took place in a hotel room and not at the hotel lobby.

He confirms that he narrated his complaints against Anwar verbally to Rodwan at the meeting at Melia Hotel.

He also confirmed that at that meeting, Rodwan had not advised him to lodge a police report in respect of his allegations against Anwar. Instead, Rodwan directed him to meet Rodwan the following day at Concorde Hotel.

Karpal : In room 619?

Saiful : I can’t remember.

Saiful also said that Rodwan did not tell him the reason for the second meeting the following day. in any event, that second meeting was cancelled. He did not know why the second meeting was cancelled.

Saiful said that after that first meeting at Melia Hotel, he never met Rodwan again nor was he in contact with Rodwan.

Saiful also confirmed that in his several statements to the police, he had mentioned of his meeting with Rodwan.

Asked by Karpal if the IGP had contacted him, Saiful denied this but confirmed that he had called the IGP, on 25th June, 2008, to complain about his allegation against Anwar.

He said he spoke to the IGP on the phone for about 1 minute, after which the IGP hung up on him. He said that he thought the IGP was annoyed with him and may have thought that it was a crank call.

Asked how he came to have the phone number of the IGP, he explained that he had heard the number mentioned by someone at Najib’s house and had saved it on his mobile phone.

To a question by Karpal, Saiful confirmed that Ezam was known to him.

Saiful confirmed that on 27th June, 2008, around midnight, he had met with Ezam in Rawang. He was accompanied by Rahimi and Saiful’s uncle, Tuah bin Mohd Alip.

Tuah called into court and identified. 

Karpal complains to the court that Mumtaz is not in vourt to be identified. Karpal complains that this is the handicap that the defence is faced with without being supplied with the witness list.

 Prosecution says they will try to secure her attendance.

Saiful confirmed that he complained to his uncle about his alleged sodomy on 26th June. He informed Ezam of this at thier meeting on 27th June and he had informed Mumtaz of this earlier on 27th June.

Trial resumes at 2.30pm today.