Lawyer: Anwar was not at crime scene

Opposition Leader Anwar Ibrahim’s defence lawyer argued that his client was not present at the scene where the alleged sodomy incident took place on June 26 last year.

Edmund Bon told High Court Judge Mohamad Zabidin Mohamad Diah that the notice of alibi had been tendered to the prosecution.

Bon also disclosed the Hospital Kuala Lumpur medical report, authorised by four doctors, which stated that there was no conclusive medical evidence to show that Mohd Saiful Bukhari Azlan had been sodomised.

Meanwhile, the defence demanded for the CCTV video recordings from June 25 to June 27 last year at the alleged crime scene - Desa Damansara Condominium in Kuala Lumpur - from the prosecution.

"It is not a case where we have been given everything but we are fishing for more... we want details and specifics, without these documents we are unable to conduct the defence properly," he said.

"We have to put the defence at the earliest possible opportunity... we say it is a political conspiracy, (and the) complainant (Mohd Saiful) cannot be believed," he added.

Bon also said that the defence has yet to be provided with the list of witnesses lined-up for the trial.

"We just want their names, we don't even want to know where they live or work," he added.

Moreover, he argued that Section 51 and 51 (A) of the Criminal Procedure Code (CPC) stipulated that the prosecution has to provide all materials for the defence to fully prepare for their case.

He added that the prosecution is compelled under the CPC to provide the necessary materials to the defence three weeks prior to the trial proper and not during the trial.

Bon said if the judge rejects the bid for full disclosure, the prosecution cannot bring in evidence not submitted three weeks before trial into the hearing proper.

The lawyer also attempted to push for the court to insist upon the prosecution to submit all relevant documents beforehand, or else instruct that no evidence be exhibited during the trial.

Meanwhile, another defence lawyer Amer Hamzah Arshad argued that the defence has to be provided with the chemist notes on the DNA samples.

'Cannot find Pusrawi report'

However, Solicitor General II Yusof Zainel Abiden - who is leading the prosecution - said the defence has been supplied with all admissible documents under Section 51 of the CPC and that they only have the right to documentation of the evidence.

"You cannot ask for copies of the blood sample or hair samples," he said.

To the defence request's for an authorised copy of the Pusrawi Hospital medical report, Yusuf said: "The prosecution cannot find the Pusrawi report."

He added that Mohd Saiful's medical report is "neutral" and the prosecution is not required to provide the defence with the HKL report, but it was given nonetheless.

Prior to the hearing application for the documents and exhibits proceeded, lawyer R Sivarasa argued for the hearing to be adjourned until Anwar appoints a lead counsel of his choice to replace Sulaiman Abdullah.

Lead counsel issue

The hearing which was supposed to commence this morning was postponed to 2pm, as lead counsel Sulaiman had discharged himself from the matter, citing medical reasons.

"In light of Sulaiman's discharge on unforeseeable circumstances, there is need for adjournment for him (Anwar) to appoint a new lead counsel,” said Sivarasa, adding that it was also a constitutional right given to Anwar to choose who shall lead in his defence

"We ask the court to treat this as a normal instance of discharge... to insist that we proceed (without a lead counsel) will jeopardise the conduct of our (defence)," he said.

Sivarasa further said there was "no compelling reason for the undue haste" and a delay in hearing of the applications will not be "prejudicial to the prosecution."

However, Yusof, objected to the adjournment as the case was a matter a of "public interest."

After a 10-minute stand down, the judge rejected the defence's argument for adjournment and instructed the remaining members of the defence team to continue with the application for documents.

Tomorrow, the defence team will continue with their argument to compel the prosecution to supply a complete set of original documents, statements of witnesses, security recordings and other exhibits relating to the charge.

Speaking to reporter outside the courtroom, Anwar said he will fight the battle till the end.

"We are going to make it very difficult for them... we are going to fight at every stage," he said.

Asked on whether he would be appointing a new lead counsel despite the court's refusal to spare him time, Anwar said: "The system still perpetrates injustice... we need to change the system."