[ Laman Ehwal Semasa ReformIS ]
Date: 09 Aug 1999
Time: 05:07:04
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Judge slams "material discrepancy" in evidence against Anwar
KUALA LUMPUR, Aug 9 (AFP) - The presiding judge in the sodomy trial of ousted deputy premier Anwar Ibrahim on Monday slammed the evidence given by Anwar's former driver for the prosecution.
"There is material discrepancy," Judge Arifin Jaka said as he looked at the key prosecution witness, Azizan Abu Bakar, after defence lawyers began impeachment proceedings against him.
"You had told (the previous corruption trial) you were sodomised up to May 1992 but in my court you said you were sodomised by Anwar and Sukma in 1993. This is a serious contradiction," the judge added.
In cross-examination last week, defence counsel Christopher Fernando accused Azizan of lying in his testimony earlier when he said Anwar sodomised him up to 15 times before the alleged 1993 incident for which Anwar is now on trial.
Anwar, fired and arrested in September last year, is serving a six-year sentence following his April conviction for abusing his position to cover up accusations of sexual misconduct. He faces up to 20 additional years in jail if convicted of sodomy.
He is jointly charged with his Indonesian-born adopted brother Sukma Darmawan with sodomising Azizan. Sukma faces a further charge of abetting Anwar to sodomise Azizan.
Prosecutors have twice amended the date of the sodomy charge against Anwar and Sukma.
The initial charge said the incident took place in May 1994 but this was later changed to May 1992 and eventually to between January and March in 1993.
Fernando earlier told the court there was a major material contradiction in Azizan's testimony.
"I find there is discrepancy in respect of his sodomy allegations that he was allegedly sodomised yp to May 1992. The evidence in this court is that he was sodomised between January to March 1993," he said.
Azizan, when asked to explain the contradiction, said his earlier evidence at the corruption trial that he was not sodomised after May 1992 meant that he was not sodomised at Anwar's residence.
"It was an answer when defence counsel asked me why I still visited Anwar's house. I was sodomised after May 1992 and even after I stopped as a driver but it did not happen in the house," he said.
But Fernando charged that Azizan was "coming out with new evidence", adding that his evidence regarding the sodomy date was unsolicited.
Under cross-examination, Azizan again contradicted himself when he told the court he informed the police he was sodomised by Anwar and Sukma in 1994.
"Ony a few days ago you told the court you did not tell the police you were sodomised in 1994," said Fernando. Azizan sat with his head lowered and remained silent for a while before saying: "Yes, I said that."