Sodomy trial: Anwar wins first round - Malaysiakini

Opposition leader Anwar Ibrahim has won the first round of a legal battle against a transfer of his sodomy trial to the High Court, after a sessions court judge ruled that the lower court had the right to hear the defence's objections to the transfer. Malaysiakini has the story:

Nov 7, 08 3:42pm

The Kuala Lumpur Sessions Court today ruled in favour of Opposition Leader Anwar Ibrahim and decided that his sodomy trial would be heard in the same court.

Delivering the ruling this afternoon, judge SM Komathy Suppiah had ruled that the transfer order signed by Attorney-General Abdul Gani Patail was invalid.The court fixed next Friday for ention.

The decision will pave the way for the sodomy trial to begin - three months after Anwar claimed trial after being charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 23.

If convicted, he could face up to 20 years in jail. He is currently out on a RM20,000 personal bond.

AG's role disputed

In previous arguments on the case transfer, Anwar had objected to the application because the transfer certificate was signed by Abdul Gani.

The defence team's objection was on the basis that the AG should not have played any role in this case as he is being investigated for allegedly having tampered with evidence in Anwar's trials 10 years ago.

The defence has also argued that Prime Minister Abdullah Ahmad Badawi had given an assurance that Abdul Gani would not be involved in the case

Pak lah says it again: Saiful is a victim, who’s seeking justice, so leave him alone

Prime Minister Abdullah Ahmad Badawi wants all parties to leave Mohd Saiful Bukhari Azlan alone following the religious oath the latter took by swearing on the holy Quran on Friday - on the eve of the nomination for the Permatang Pauh by-election - that he was sodomised by de facto PKR leader, Anwar Ibrahim.

Pak Lah was quoted as saying by Malaysiakini that Saiful is seeking justice because he is a victim and should be admired for his courage to do so.

“Instead of criticising the manner he had performed the swearing, one should admire his courage to do so.

"One should question the accused instead, not the accuser," said the Umno president during his first visit on campaign to Permatang Pauh yesterday.

Abdullah's visit to Permatang Pauh today indicated BN's need to bring in all their big guns to ensure victory.

He is also the member of parliament for the neighbouring Kepala Batas constituency.Meanwhile a quick survey in the constituency revealed that the sodomy saga had minimal impact on voters.

Like the pre-Quran swearing period, persistent rumours are widespread now
that pictures revealing ‘Anwar-Saiful' intimacy would be out soon.

Local Umno leaders however are worried that BN candidate Arif Shah OmarShah would face the wrath of voters' backlash if the saga dragged on.

The government is firm in portraying Saiful, the young aide, as the victim. In an interview last month with The Associated Press (AP), Abdullah denied any conspiracy.

"The aide "needs justice," Abdullah said. "That is what he is crying for. We cannot ignore that."

Interesting read; On Intentions here and This whole mubahala thing here by Sakmongkol AK 47 and Sai-full of lies by Haris Ibrahim

(I saw Pak Lah spoke on TV3 last night. He was looking down most of the time and his body language gave the impression that he wasn't convinced of what he was saying. Well...that was my perception. But certainly you know which side he is on.)

On the eve of nomination day, Saiful dropped the bombshell…

.. .by swearing on the Quran claiming that he was sodomised by the de facto Opposition leader, Anwar Ibrahim.

Such perfect timing indeed!

But Saiful - in a press conference held in a hotel after having sworn on the Quran in the Federal Territory Mosque - denied that the timing of his statement was politically motivated, claiming that he was telling the truth.

Appearing for the first time in public since lodging a report on June 28 against Anwar, he said he was not a consenting partner in the alleged crime.

He also said that it was the first time he was sodomised by the former deputy Prime Minister, but refused to answer question on how many times he was sodomised. (Didn’t he say that he had been sodomised several times? )

“It’s a politicall gimmick,” Anwar responded when told of Saiful ‘s religious oath. ( Malaysiakini - Anwar questions accuser's timing.)

“One day after the Election Commission (EC) announced the date for the Permatang Pauh by-election they charged me in court for consensual.

"Now, on the eve of nominations for, this guy is swearing on the Quran. What is the motive for all this?" exclaimed Anwar.

According to Anwar, this is nothing more than a ‘dirty trick’ by Umno and goes to show that they are desperate.

The EC announced on Aug 6 that nominations for the Permatang Pauh by-election would be held tomorrow.

Below is an excerpt from Malaysiakini

Saiful's bombshell

This evening, Saiful dropped a bombshell on his former employer when he surprised everyone by taking a religious oath.

After declaring the authenticity of his allegations in the mosque, the former PKR volunteer proceeded to give his first press conference in a hotel at Jalan Ipoh.

Flanked by his father and lawyer, Saiful said that the timing of his "revelations and oath-taking" was not politically motivated and that it was his own undertaking.

He also said it was a coincidence that he was making this revelations one day before the nominations for the by-election.

And here are the questions posed to Saiful and his answers during the press conference.

Saiful: Sodomy wasn't consensual

Who witnessed the oath-taking at the mosque?
Saiful's lawyer Zamri: All the FT Mosque imams.

Where have you been hiding all this time?
Saiful: I've not been hiding but I was quietly gathering enough courage to answer all the allegations against me, especially by Anwar Ibrahim.

Why did you pick today and the FT Mosque?
I've been intending to do this for some time now but it needs mental and spiritual strength as taking an oath is not something trivial or easy. The consequences can be very dire in the eyes of God. Nevertheless, Allah has given me the strength to take the oath today.

Is it because tomorrow is the nomination date for Permatang Pauh by-election?
No.

How do you feel after taking your oath?
I feel relieved and for the first time, I feel that I've been given the strength by Allah to face reporters.

Was it consensual?
I wish to stress here that it was done without my consent.

Do you intend to campaign in Permatang Pauh?
This is not a political matter, it is a private matter between me and Anwar Ibrahim.

Are the allegations you've made against Anwar frivolous?
Everything happened without my consent.

Some people have said that you were sodomised more than once?
I will answer that in court later.

Were you examined at Hospital Pusrawi?
I will answer that in court later.

Why did you go to Hospital Pusrawi first?
I will answer that in court later.

You did go to Hospital Pusrawi, right?
I will answer that in court later. I'm not like Anwar Ibrahim and do not wish to conduct a trial by media. I will give my statement in court and cooperate with them later.

Is this the first time you have been sodomised?
Yes, first time.

The timing of your swearing is very close to the nomination date for the Permatang Pauh by-election. Please explain.
It's all a coincidence. We don't know that Anwar is going to contest and I wish to stress here that I need strength and God has given it to me now. It so happens that it is Friday today. (We/he didn’t know? Liar! Didn't you wish him 'good luck' in your blog on Aug 1st? 'Kepada DSAI, saya mengucapkan selamat bertanding! ' Read here and here).

Were you ever in love with Anwar?
No.

Have you made a police report and can we have a copy of it?
I made the police report at 5.30pm but at 6.30pm it's already everywhere via the SMS and Internet. I wrote the police report myself.

How many times and why did you go and see Najib Abdul Razak?
I will answer that in court later.

Read also: Malaysiakini's Hadi: Saiful's swearing a stupid act here.

(This is an act of sheer desperation. How low can they go? Using virtually every trick to stop Anwar from contesting the by-election. Saiful, you’re a downright liar. Stop invoking the name of Allah. You are making a mockery of Islam. You got the strength from the people who are giving you protection lah. This whole episode is a private matter between you and Anwar, you said. Then why the hell did you tell the whole world (and blogged about it too) that your butt had been poked? Moron!)