Sodomy II: Saiful continues with testimony

The second day of Opposition leader Datuk Seri Anwar Ibrahim’s sodomy trial saw testimony being given in-camera before the court adjourned to the scene where the alleged crime took place.

His accuser Mohd Saiful Bukhari Azlan, 24, is believed to have shown the trial judge where exactly the act took place at an apartment at the Desa Damansara Condominium here on June 26, 2008.

He did this in the presence of Anwar, his defence lawyers and Solicitor-General II Datuk Mohd Yusof Zainal Abiden, who is leading the prosecution.

When contacted by The Star, Anwar’s lead counsel Karpal Singh said both parties went to the condominium unit to see the place.

Anwar, 63, claimed trial to sodomising his former personal aide Mohd Saiful at the condominium in Jalan Setiakasih between 3.01pm and 4.30pm on June 26, 2008.

He is charged under Section 377B of the Penal Code and can be sentenced to a maximum of 20 years in jail and whipping upon conviction. The trial takes place 18 months after Anwar was charged in court in August 2008.

On Thursday, Anwar’s sodomy trial began at the Criminal High Court 3 in closed proceedings (in camera) at 10.30am.

Members of the public and media were not allowed into the courtroom.

Mohd Saiful continued to testify over the alleged sodomy acts by Anwar.

The proceedings ended at 11am.

Lead prosecutor DPP Mohd Yusof then applied to adjourn the questioning of the key witness in order for the parties to visit the condominium unit.

He contended that the visit would enable the parties to be familiar with the condominium unit before he showed them CCTV footage.

Deputy head of prosecution unit (policy) DPP Nordin Hassan confirmed that Karpal had agreed to visit the condominium unit.

Trial judge Justice Mohamad Zabidin Mohd Diah and the parties then left the Jalan Duta court complex at 11.49am.

The convoy comprising 15 cars and two vans reached the condominium in Jalan Setiakasih in Bukit Damansara within 10 minutes.

Anwar, who was accompanied by his lawyers, reached the condominium in a black Mazda MPV at noon while Mohd Saiful arrived shortly after with his lawyer Zamri Idrus and his father in a Proton Waja.

When Mohd Saiful arrived at the condominium’s guardhouse, there were shouts of condemnation from several of Anwar’s supporters gathered there.

The press was barred from entering the condominium unit.

When asked, DPP Nordin said Mohd Saiful had briefed the trial judge on his stop at the guardhouse and other places he passed during his alleged visit that day, which included the visitors’ parking areas, lifts, intercom and the master bedroom at the scene of the alleged incident.

“We also went to the management office of the condominium before we returned to court,” he said.

The briefing lasted nearly an hour before the parties left the condominum.

Earlier, the media who had gathered at the court premises since 6am had a tough time trying to get access to the criminal court to cover the trial.

They had to arrange a briefing with the officer-in-charge of the court Supt R. Munusamy to again write down a list of print and electronic media.

Saiful’s testimony
During his testimony, Mohd Saiful said he had gone to two private hospitals two days after the alleged incident took place, before he had a medical examination at the Kuala Lumpur Hospital.

In recalling his experience on June 28, 2008, he said the first hospital he went to was Tawakal Hospital at Jln Pahang here.

However, he said he was not able to get his examination there as the receptionist told him that they were only open for half a day.

“From there, I decided to go to the nearest hospital in the area -- Hospital Pusrawi on Jln Tun Razak,” he said at the continuation of his examination-in-chief by Mohd Yusof.

At Hospital Pusrawi, he told a Dr Mohamed Osman Abdul Hamid that he had pains in his stomach and anus, and was subsequently examined by the doctor.

“He asked me to remove my pants and lie on the bed.

“He inserted something into my anus, and when he did that I told him very frankly that I had been sodomised and wanted an examination for that,” he said.

Mohd Saiful said that Dr Mohamed Osman then immediately stopped the examination.

“After I put on my pants, he told me that the hospital was not equipped to conduct a forensic examination, and that a private hospital’s report would not be accepted as evidence in a court of law.

“He then advised me to go to Kuala Lumpur Hospital,” he said.

Saying he was “afraid”, he said he registered himself at the out-patient treatment department at about 3pm.

He said he was first attended to by an Indian lady doctor, who referred him to a male doctor named “Dr Daniel,” after he had told her that he was too “shy” to be examined by a lady doctor.

Mohd Yusof: “What happened then?”

Mohd Saiful: “I told him frankly that I was there for a medical examination because I had been sodomised by Datuk Seri Anwar Ibrahim. He (the doctor) was shocked, and wrote some notes for me to be referred to the emergency ward.”

Mohd Saiful said the doctors there then advised him to lodge a police report first, without which, they could not conduct a medical examination on his claim of being sodomised.

As there were two police officers in the hospital, he lodged his report with them.

At about 9pm, he was examined by four doctors and several nurses.

“A police officer was also present during the examination. Now I know him as Deputy Supt Jude Pereira, the investigating officer in my case,” he said.

During the examination, he said that the doctors had inspected his body and anus, and took swabs from his anus using a cotton bud.

Mohd Saiful also identified himself in snippets from the CCTV recordings of him arriving and leaving the condominium.

Crowd action
As with the previous proceedings, there was a crowd of Anwar supporters gathered at the court complex on Thursday.

There were also detractors. The former president of Gerakan Reformasi Rakyat Malaysia (Reformis) made an unexpected appearance.

Ramlan Abu Bakar, who was reportedly sacked by his own movement in December two years ago for “various wrongful acts,” went on a tirade against the Opposition leader outside the Jalan Duta court complex.

“I have not been ‘sponsored’ by anyone to come here and speak. Mohd Saiful Bukhari Azlan has waited so long,” he told press members.

He said he wanted justice for Mohd Saiful, then proceeded to distribute “‘press releases” to newsmen on political issues unrelated to the court case. He left after about five minutes.

Ramlan is the leader of the infamous “Dare to be Nude Squad” from Reformis that wanted to bare all in protest against the Selangor state government’s decision to raise the rental of low-cost houses in 2008.

The plan to stalk Mentri Besar Tan Sri Khalid Ibrahim in the nude was later dropped after Ramlan’s sacking.

A frail-looking lady in her late 80s was also seen waiting patiently for Anwar. Speaking to several reporters at the lobby, the bespectacled lady with a cane claimed that she was close to Anwar.

“He calls me ‘Ummi’ (mother in Arabic),” she said, before going in for the afternoon session of the trial.

After the proceedings ended, she waited for Anwar outside the courtroom and cried as he approached and consoled her.

At least 20 police personnel were stationed at the entrances of the building on Thursday.

Visitors and press members carrying backpacks were stopped for inspection as visual recording devices were not allowed in the building.

Hearing continues Friday.

Blow-by-blow account of today's proceedings:


4.30pm: Case adjourned to 9.30am tomorrow.

4pm: CCTV recording display marred by computer crashes, but accuser Mohd Saiful identifies himself entering the lift.

In continuing his testimony, Mohd Saiful says that two days after the alleged sodomy, he had gone to two private hospitals before going to the KL Hospital. He was advised to do so because, having claimed to have been raped, he was told that reports from private hospitals cannot be used in a court of law.

3.50pm: Prosecution starts playing CCTV video recording taken at the entrance of condo on June 26, 2008.

3.33pm: Trial resumes. Court decides not to cite Utusan Malaysia for contempt. Saiful resumes his testimony.

3.15pm: Court adjourns for 5mins while trial judge considers Karpal Singh’s application to cite Utusan Malaysia for contempt of court.

3pm: Karpal Singh brings Utusan Malaysia and says its articles today are tantamount to contempt of court. He says the coverage is mischievous and false with inaccurate and misleading facts. He cites as examples two headings.

The prosecution argues that inaccurate reports do not warrant action unless they were done maliciously.

2.54pm: The trial resumes.

2.42pm: Anwar Ibrahim’s lead counsel Karpal Singh arrives in court.

2.36pm: Datuk Seri Anwar Ibrahim’s daughter, Lembah Pantai MP Nurul Izzah Anwar, arrives in court with two of her sisters.

2.30pm: Another unidentified man confronts a police officer and the situation gets slightly tense. The officer walks away, but the man is heard saying: “I’m not afraid of getting arrested. I’ve been arrested many times.”

2.23pm: Opposition leader Datuk Seri Anwar Ibrahim and wife Datuk Seri Dr Wan Azizah Ismail arrive at court, accompanied by their daughter Nurul Nuha. Supporters chant “Reformasi.”

An unidentified man (later identified as Ramlan Abu Bakar, former president of Gerakan Reformasi Rakyat Malaysia) starts chatting with reporters outside of the court lobby. He distributes some leaflets. He claims nobody is “sponsoring” him to speak in public like this and he is only seeking justice for Mohd Saiful Bukhari.

2.20pm: Reporters allowed into the court; trial to continue in open court.

1.30pm: It is believed that during the court’s visit to the condominium, the accused Mohd Saiful Bukhari had re-enacted and demonstrated to the trial judge how the alleged sodomy took place. He had done this at the request of Datuk Seri Anwar Ibrahim’s lead counsel Karpal Singh.

12.59pm: Anwar, his lead counsel Karpal Singh and trial judge Justice Mohamad Zabidin Mohd Diah leave condominium. Trial to resume at 2.30pm.

12.20pm: The press is barred from entering the condominium. Several women from the PKR heckle Saiful there.

11.59am: The convoy reaches the Desa Damansara Condominium where the alleged sodomy took place. Anwar, his wife Datuk Seri Dr Wan Azizah Wan Ismail and Saiful reach there a few minutes later.

11.49am: The convoy, comprising of 15 cars and two vans, leaves the Jalan Duta Court Complex for the condominium.

11.00am: The sodomy trial held in-camera which actually started at 10.30am is now over.

All parties including the trial judge and both the defence and prosecution teams will visit the Desa Damansara Condominium where the alleged sodomy of Saiful took place.

Deputy head of prosecution (policy) Datuk Nordin Hassan, who confirmed that the in-camera proceedings are over, adds that Solicitor-General Datuk Mohd Yusof Zainal Abiden applied for all parties to visit the condominium in Bukit Damansara.