Defence likely to finish its case on Monday
Ajinder KaurPublished: May 3, 2001 6:07 AM | Updated: Jan 29, 2008 6:21 PM
The defence team in the ongoing sodomy trial of jailed deputy prime minister Anwar Ibrahim is likely to complete its case when the trial resumes next Monday.
One of Anwar's lawyers, Sankaran Nair told malaysiakini outside the courtroom today that the defence would be calling in its last witness, Anti-Corruption Agency's former chief director Shafie Yahaya to testify on Monday, before rounding up the case.
Sankaran added that former minister Megat Junid Megat Ayob and wife Norziela Jalil, and deputy education minister Aziz Shamsuddin, would probably not be called to testify as defence witnesses.
"We told the court in our submissions earlier that their evidence would only be relevant if the prime minister was called in to testify. But our client (Anwar) seems to have a change of mind today. He told me that he wants to think about it and decide on Monday," Sankaran said.
Sankaran, however, confirmed that the defence would pursue with the appeal filed in the Federal Court last Tuesday against High Court judge Arifin Jaka's ruling that Prime Minister Mahathir Mohamad need not testify in the sodomy trial after the Court of Appeal upheld this ruling on Monday.
"But we still have to close our case after the last witness's testimony as the Court of Appeal has not granted us a stay of proceedings. Therefore, we can't wait for the Federal Court decision before our case is closed.
"But if the Federal Court allows our appeal that the prime minister's evidence is relevant to the trial and he should be called in as a witness, then it would become a point of appeal for our client in the event of a conviction," he said.
Meanwhile, the defence called in Commissioner of Oaths T. Thanapalasingam who witnessed the statutory declaration made by Megat in March this year, when the trial resumed this morning.
Sankaran, however, could not continue with the witness after both he and the witness were unable to produce the statutory declaration in court.
Judge Arifin then instructed Sankaran to produce the witness in court on Monday and subsequently adjourned the trial.
Anwar is being charged with forcing sex on his wife's former driver Azizan Abu Bakar with the aid of adopted brother Sukma Dermawan Saasmitat Madja, at Sukma's apartment in Tivoli Villas, Bangsar on "one night at 7.45pm between January and March, 1993".
Anwar has argued in affidavits earlier this year that Mahathir's evidence was crucial to the trial, alleging that he was involved in a conspiracy to topple him.
The prime minister however, in his reply denied that he was involved in such a conspiracy and said that Anwar's intention to call him as a witness was in bad faith and an abuse of the court process.
Anwar, one-time heir apparent to the prime minister's post, is currently serving a six-year jail term for corruption relating to abuse of power while in office as deputy prime minister.
He is also awaiting an appeal filed at the Federal Court, the country's highest court, against the Court of Appeal's decision on April 29 to uphold his conviction and jail sentence imposed by High Court judge Augustine Paul on April 14 last year.
One of Anwar's lawyers, Sankaran Nair told malaysiakini outside the courtroom today that the defence would be calling in its last witness, Anti-Corruption Agency's former chief director Shafie Yahaya to testify on Monday, before rounding up the case.
Sankaran added that former minister Megat Junid Megat Ayob and wife Norziela Jalil, and deputy education minister Aziz Shamsuddin, would probably not be called to testify as defence witnesses.
"We told the court in our submissions earlier that their evidence would only be relevant if the prime minister was called in to testify. But our client (Anwar) seems to have a change of mind today. He told me that he wants to think about it and decide on Monday," Sankaran said.
Sankaran, however, confirmed that the defence would pursue with the appeal filed in the Federal Court last Tuesday against High Court judge Arifin Jaka's ruling that Prime Minister Mahathir Mohamad need not testify in the sodomy trial after the Court of Appeal upheld this ruling on Monday.
"But we still have to close our case after the last witness's testimony as the Court of Appeal has not granted us a stay of proceedings. Therefore, we can't wait for the Federal Court decision before our case is closed.
"But if the Federal Court allows our appeal that the prime minister's evidence is relevant to the trial and he should be called in as a witness, then it would become a point of appeal for our client in the event of a conviction," he said.
Meanwhile, the defence called in Commissioner of Oaths T. Thanapalasingam who witnessed the statutory declaration made by Megat in March this year, when the trial resumed this morning.
Sankaran, however, could not continue with the witness after both he and the witness were unable to produce the statutory declaration in court.
Judge Arifin then instructed Sankaran to produce the witness in court on Monday and subsequently adjourned the trial.
Anwar is being charged with forcing sex on his wife's former driver Azizan Abu Bakar with the aid of adopted brother Sukma Dermawan Saasmitat Madja, at Sukma's apartment in Tivoli Villas, Bangsar on "one night at 7.45pm between January and March, 1993".
Anwar has argued in affidavits earlier this year that Mahathir's evidence was crucial to the trial, alleging that he was involved in a conspiracy to topple him.
The prime minister however, in his reply denied that he was involved in such a conspiracy and said that Anwar's intention to call him as a witness was in bad faith and an abuse of the court process.
Anwar, one-time heir apparent to the prime minister's post, is currently serving a six-year jail term for corruption relating to abuse of power while in office as deputy prime minister.
He is also awaiting an appeal filed at the Federal Court, the country's highest court, against the Court of Appeal's decision on April 29 to uphold his conviction and jail sentence imposed by High Court judge Augustine Paul on April 14 last year.
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