[ Laman Ehwal Semasa ReformIS ]
Date: 09 Sep 1999
Time: 04:39:32
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Malaysian PM vital witness to Anwar sex trial, says lawyer
KUALA LUMPUR, Sept 9 (AFP) - Malaysian Prime Minister Mahathir Mohamad would be an important witness in the sodomy trial of his ex-deputy Anwar Ibrahim and should have been called to the dock, a defence lawyer said Thursday.
Counsel Karpal Singh told the high court that former driver Azizan Abu Bakar had complained to the premier in a letter late 1997 that he was allegedly sodomised by Anwar.
"Why is the prosecution not prepared to call (Mahathir)? He is terrorising the country. People are so afraid of him. He is a material witness but not even a statement was taken from him," Karpal said.
"He was necessary to unravel the prosecution case," he said in his submission to have the sodomy charge against Anwar thrown out at the end of the prosecution case.
Anwar, who was sacked and arrested last September and is serving a six-year sentence for abuse of power, is jointly on trial with his Indonesian adopted brother Sukma Darmawan for allegedly engaging in sodomy with Azizan.
Sukma faces a further charge of abetting Anwar to sodomise the driver.
Karpal, who is also an opposition lawmaker, urged the high court to "disregard" Azizan's evidence as unreliable.
"The witness says one thing today and another thing tomorrow. The evidence by Azizan ought not to be accepted," he said. "Both the accused should be acquitted and discharged. No defence should be called."
The lawyer also urged Justice Arifin Jaka to be independent urging him to be "on guard of the unseen black hand" that may affect the outcome of the trial.
"A judge should not view evidence with goggles on. He should go beyond the surface," he said.
Karpal said the prosecution had overlooked the basic requirement of conducting a medical examination on Azizan as well as send Anwar for a potency test.
"The ingredient is whether there was a penetration. This is a criminal trial and the burden is on the prosecution," he added.
Anwar faces another 20 years in jail if convicted of sodomy.