The Sodomy II trial took an unexpected twist today with the defence planning to put DPP Farah Azlina Latif and sodomy complainant Mohd Saiful Bukhari Azlan on the witness stand over their alleged intimate relationship.

NONE Lead defence counsel Karpal Singh said the application would be made when Justice Mohamad Zabidin Mohd Diah hears Anwar’s application to strike out the charge.

This follows the affidavit-in-reply by the prosecution which did not address the assertion by Anwar that there was an affair between the duo.

On Monday, Karpal had challenged both Saiful and Farah to file an affidavit to respond to the allegations of the alleged affair and since there was none, what had been asserted by Anwar is thus the truth.

"I am surprised there is no affidavit by both of them... In fact, the attorney-general should have instructed Farah and Saiful to submit their respective affidavits. It would be their responsibility to clarify matters," said Karpal.

The affair would have a serious bearing on the court case, as there would have been a possible breach of the Official Secrets Act 1972, because if Saiful had a relationship with Farah, he could have access to confidential prosecution documents.

Investigation papers are classified under the OSA.

This is now subject to a police investigation in the wake of a police report lodged by Anwar. Another of Anwar's lawyers, Sankara Nair, confirmed police have also taken Anwar's statement on the matter, and police have initiated a probe.

Access denied

On Wednesday, the prosecution filed two affidavits-in-reply - by DPP Mohd Hanafiah Zakaria and investigating office Jude Blacious Pereira - which denied that Farah and Saiful had access to crucial case documents such as witness statements and reports.

J NONE ude ( left ) had said in his affidavit-in-reply that only Solicitor-general II Mohd Yusof Zainal Abiden, Hanafiah, and DPPs Nordin Hassan and Noorin Badaruddin had access to the documents.

Farah has been removed from the prosecution team by attorney-general Abdul Gani Patail, after allegations of the affair surfaced on the Internet.

None of them have come up in the open to deny or acknowledge the report.

On whether Anwar would be filing an affidavit-in-reply, Karpal said he did not think there is a need as the assertion was not denied. 

"Never before has this happened in this country where a prosecutor has an affair with a key witness who is also the complainant. It has not happened anywhere else in the world," he said.

"I will make an application to the court on Monday to have the deputy public prosecutor and Mohamad Saiful put on the witness stand over the allegations that they were having an affair. This is a very serious allegation. The truth must prevail."

He hopes to have the matter heard fairly, as it is clearly an abuse of the court process.

"In fact, what I am telling you today would be part of my submission on Monday. There is no trial by ambush," he said, adding he was unlike the prosecution in withholding evidence to the defence.

Judge Mohamad Zabidin last week agreed to adjourn the sodomy trial until Monday, when he will hear applications from both sides on the strike-out motion and decide whether to resume the hearings.

"It cannot be denied that there was an allegation of an affair... therefore I am of the view it is better for me to hear the application of strike-out first," the judge said at the time.

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