[ Laman Ehwal Semasa ReformIS ]
Date: 07 Sep 1999
Time: 04:38:29
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Anwar lawyers fail to have sodomy evidence ruled out
KUALA LUMPUR, Sept 7 (AFP) - Lawyers for former Malaysian deputy premier Anwar Ibrahim on Tuesday failed in a bid to have the testimony of a key witness in his sodomy trial declared inadmissible.
Judge Arifin Jaka told the court that he was satisfied with the testimony of Azizan Abu Bakar, Anwar's former driver who claims to have been sodomised by the defendant.
"I am satisfied that the witness evidence is reasonable and can be accepted because the evidence of the witness is given based on questions by both parties," the judge said.
"The evidence should be read in the context of the questions," he added.
On Monday defence lawyers urged Arifin to reject Azizan's testimony on the grounds that he was "the most unreliable person."
During Anwar's previous trial for corruption, Azizan alleged he was repeatedly forced to have sex with Anwar. But he admitted under cross-examination in that trial that the allegations were false.
Anwar, fired and arrested in September last year, is serving a six-year sentence following his April conviction for corruption -- abusing his position to cover up accusations of sexual misconduct.
He faces up to 20 years in jail if convicted of sodomy.
Anwar, once heir apparent to Premier Mahathir Mohamad, is jointly charged with his Indonesian-born adopted brother Sukma Darmawan with sodomising Azizan between January and March 1993.
Sukma faces a further charge of abetting Anwar to sodomise the driver.
Judge Arifin described Azizan's explaination regarding his contradictions as a "fair explaination."
"I am satisfied and the credit of the witness is not impeached," he said.
Defence lawyers argued the judge failed to take into consideration Azizan's other evidence during the previous corruption trial that he was not sodomised by Anwar after September 1993.
"It is obvious your lordship has not addressed the other statement," said Christopher Fernando. Anwar who was seated in the dock said: "Yes, Yes."
Christopher later told reporters: "This is not good (to Anwar's defence)."
Karpal Singh, a member of the defence told the court that it was important that the views of the defence were taken into account.
"The court in this country is not living up to expectations. The Bar will not take anything thrust upon us. The judge has a duty to make a ruling upon what is submitted. Judges are not maharajahs," he said.
"Why are you afraid ... is there an unseen hand influencing judges in this country," said Karpal, who is an opposition lawmaker.
"Let's not make a mockery of justice in this country," he added.
Holding up a newspaper report which had a picture of angry farmers throwing rotten vegetables at the Supreme Court in Manila, Karpal said, "let there be no such incident in this country."
Mohtar Abdullah, attorney-general said Karpal was playing up to the gallery and using the court for other motives.
Judge Arifin rejected defence arguments and stood by his ruling. "My ruling stands."
The trial continues.