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Date: 16 Aug 1999
Time: 05:23:05
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Anwar's aide urges court to dismiss contempt notice

KUALA LUMPUR, Aug 16 (AFP) - A wheelchair bound associate of ousted Malaysian deputy prime minister Anwar Ibrahim disputed a contempt charge when he appeared in court Monday.

"The show cause notice is defective. I urge your lordship to carefully consider to set aside the show cause notice," Karpal Singh, counsel for Chandra Muzaffar, told High Court Judge Arifin Jaka.

Chandra, a critic of Premier Mahathir Mohamad, was ordered on August 2 to appear in court after being cited for contempt over alleged remarks on Anwar's sodomy trial made on the Internet.

Karpal told: "The notice to show cause is not based on admissible evidence and the notice is an unadulterated abuse of power.

"The attorney-general did not tender the document under oath. To get the court to issue a notice, there must be strict compliance because what is at stake is the freedom of expression and the freedom of the individual," said Karpal, who is also an opposition lawmaker.

Attorney-General Mohtar Abdullah targeted an alleged statement made by Chandra, the vice-president of a new political party headed by Anwar's wife.

Chandra was alleged to have hit out at local media coverage of a sex confession by Anwar's adopted brother Sukma Darmawan, who is jointly on trial, in a one-page statement posted on the website of the National Justice party on July 31.

"It is a shame that elements in the police force, in the attorney general's chambers, in the courts and the media are prepared to be subservient tools in this massive conspiracy hatched by Prime Minister Mahathir Mohamad and his cohorts," he was alleged to have said.

The statement which bore Chandra's name and his post in the party was produced in court by the prosecutors.

Prosecutors said publication on the Internet was the same as a publication in a newspaper.

But Judge Arifin ordered the prosecution to produce an affidavit. "You could have put it in an affidavit . At least the applicant (Chandra) would have a chance to have a look at it."

After a brief break, the judge said the contempt hearing would continue on Saturday and proceeded with the impeachment trial against Anwar's driver, Azizan Abu Bakar.

Anwar and Sukma are accused of sodomising Azizan between January and March 1993. Sukma faces a further charge of abetting Anwar to sodomise Azizan.

Anwar, fired and arrested in September last year, has been serving a six-year sentence for corruption since April. If convicted of sodomy, he could face an additional sentence of up to 20 years.

During re-examinations by the prosecution, Azizan told the court that he informed the police that Anwar sodomised him in 1994.

"I told police that I was sodomised in 1994," he said.

Anwar counsel Christopher Fernando charged that the key prosecution witness should be indicted for perjury.

Fernando said Azizan during cross-examination earlier denied telling the police that Anwar had sodomised him in 1994.

"I am submitting that this is a clear case of perjury. My lord, this witness is lying under oath. This is a classic example of a witness who is prepared to lie under oath at the drop of a hat," he added.

Judge Arifin, however, said he will consider it at the end of the prosecution case, adding that he would allow the prosecution to ask questions "to allow the court to decide whether he is lying or not."

The trial continues Tuesday.


Last changed: August 16, 1999