Anwar’s sodomy trial to resume Monday

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PUTRAJAYA: Datuk Seri Anwar Ibrahim’s on-going sodomy trial will resume Monday following his unsuccessful appeal to the Federal Court here yesterday to have the charge thrown out.The three-member panel led by Chief Judge of Malaya Tan Sri Arifin Zakaria rejected the defence contention that Anwar’s prosecution and charge should be struck out based on the medical report stating that there was no sign of penetration into the complainant, Mohd Saiful Bukhari Azlan’s, rectum.

In a unanimous decision, Arifin said the medical report of the three doctors must be read in its entirety.

“Having done so, it does not support the appellant’s claim for the charge to be struck out at this stage,” he said.

The other two judges were Federal Court judge Datuk Seri James Foong Cheng Yuen and Court of Appeal judge Datuk Suriyadi Halim Omar.

The Parti Keadilan Rakyat advisor is on trial for allegedly sodomising his former aide, Mohd Saiful, 24, at the Desa Damansara Condominium in Bukit Damansara, Kuala Lumpur, on June 26, 2008.

Anwar, 63, faces a maximum 20 years jail and whipping if convicted.

He is charged under Section 377B of the Penal Code.

The Permatang Pauh MP was also unsuccessful in his appeals at the Court of Appeal and the High Court.

In upholding the High Court’s decision, the Court of Appeal, on Feb 17, ruled that the medical report which Anwar relied on to support his striking out application was not conclusive and was only corroborative of what the doctor had to testify in court.

Anwar had relied on the medical report stating that there was no conclusive clinical finding suggestive of penetration to the anus/rectum to support his application to strike out his sodomy charge.

Earlier, Solicitor-General II Datuk Mohd Yusof Zainal Abiden told the Federal Court that it was premature at this point of time to say that there was no evidence of penetration when the doctor had yet to explain part of his report.

Mohd Yusof said there were other relevant parts of evidence in the medical report which Anwar had ignored.

He said laboratory analysis conducted on four cotton swabs revealed the presence of semen.

Citing the book, “Forensic Medicine for Lawyers’, he said the finding of spermatozoa on swabs taken either from within the anal canal or from the anal mucosa would prove the act of sodomy almost beyond dispute.

Mohd Yusof said apart from the evidence of prosecution witnesses at the trial, other relevant evidence on the presence of semen and DNA analysis would invalidate Anwar’s allegation that the charge preferred against him by the prosecution was actuated by mala fide (bad faith).

Anwar’s counsel, Karpal Singh, said the medical report showed no signs of penetration and non-presence of significant defensive wound on Mohd Saiful.

“How can there be presence of semen when there is no penetration,” he said, adding that the presence of sperm suggested that the evidence had been planted.

Karpal Singh also submitted that Anwar should not have been charged as the medical report would contradict Mohd Saiful’s evidence, which would result in impeachment of Mohd Saiful’s testimony.

Meanwhile, Anwar’s wife, Datuk Seri Dr Wan Azizah Ismail, told reporters outside the court that the decision was to be expected.

Anwar was not present in court as he was overseas. — Bernama