Anwar relates ordeal of his 'unlawful' arrest

Opposition leader Anwar Ibrahim today related at the Kuala Lumpur High Court the ordeal he faced over what he claimed was his unlawful arrest on the afternoon of July 16, 2008.

The Permatang Pauh MP, testifying in the trial-within-a-trial, said there were no grounds given by the police when his vehicle was stopped by 15 police UDK (Special Action Unit) members wearing balaclavas and armed with sub-machine guns at Jalan Bukit Segambut at about 1pm on July 16.

His story was corroborated by his lawyer Sankara Nair, who was the second witness to testify in the trial-within-a-trial.

Relating what had happened, to questions from his counsel Karpal Singh, Anwar ( left ) said he was returning from the Malaysian Anti-Corruption Commission office, after they recorded his statement over his allegation against former inspector-general of police Rahim Nor, then-IGP Musa Hassan and attorney-general Abdul Gani Patail over fabricating evidence.

“I was there in the morning with my lawyers Param Cumaraswamy, Sankara Nair and Sivarasa Rasiah.”

He said Sankara had spoken with investigating officer DSP Jude Blacious Pereira several times, promising that they will be at the IPK KL (Kuala Lumpur police contingent headquarters) to have his statement recorded at about 1pm.

“On our way back, I thought I would like to freshen up and perform my Zohor prayers.

“However, as I was about to arrive there was a car blocking my path and other unmarked vehicles surrounded our vehicle from behind.

"Some 10 to 15 UTK personnel wearing barracuda (he then changed it to balaclava) and armed with sub-machine guns surrounded the car,” he said.

“Sankara, who was seated in front, advised me to remain seated at the back and he got out. Outside he met ASP Ahmad Taufik, who related he had orders to arrest me.

“However, no grounds were given for my arrest and the ASP said he was asked to take him in their vehicle,” he said.

Anwar said he was fearful for his life as a similar event had happened when UTK people raided his home in 1998 in the bid to arrest him ( right ).

“Sankara came back to me and informed me of the police orders and the situation.

“I came out and agreed to enter their cars, but the officers, when I demanded it, did not relate the grounds of my arrest.

“They only told me they were under orders to bring me to IPK KL,” he said.

The Permatang Pauh MP related this in a trial-within-a-trial ( voir dire ), where the judge conducts an inquiry into the admissibility of an item of evidence. Normally it is done with regard to a confession but it can extend to the admissability of evidence.

Treatment at police HQ and HKL

Anwar said after he was brought to IPK KL, he was taken to a meeting room, where he met several police officers including Pereira, and then this was followed by three hours of the police recording his statement on the alleged sodomy incident.

“I gave my statement between 2.30pm and 5.30pm and it was marked “ selesai ” (completed). I then went again to the meeting room and I inquired when will I be released? But they did not mention anything,” he said.

Following this, Anwar told the court that the police then brought him to Hospital Kuala Lumpur where he met consultant physician Dr Jayaindran Sinnadorai and consultant physician Ee Boon Leong.

“They wanted to take my blood sample but I refused. I explained to them what had happened in 1998 where my blood sample went missing and the allegation over the fabrication of evidence,” he said.

“They then wanted to perform a physical examination. I told my lawyers Sankara and Sivarasa along with the nurses to leave the room. Then I undressed myself until I was only wearing a singlet and underwear.

“The two doctors measures my private part (penis) and my pubic hair. They also inspected my penis and my anus. It was truly degrading and I was ashamed,” he said, adding they had asked to take his blood sample again but he refused, and Ee noted and understood my predicament as to what had happened in 1998."

In fact, Anwar said that Ee also refused to sign the examination form on the opposition leader.

Anwar related that he was brought back to IPK KL, where Pereira or one D9 officer in charge, DSP Yahya Abdul Rahman, told him that he was to be kept in the cell overnight.

Anwar also revealed in court that Yahya was the one who gave him the mineral water bottle, the toothbrush, toothpaste, soap, two towels and one 'Good Morning' towel.

This testimony was slightly in conflict with that of Yahya, who had testified earlier this week that Anwar brought the bottle himself into the cell.

The bottle, along with the towel and toothbrush, is the only link to incriminating evidence against “Male Y”.

Anwar relates his back pain

Anwar also related his ordeal in the jail cell where he explained the condition was deplorable.

“I do not expect to be treated like a VIP but the conditions were terrible and not humane. It’s like I have been treated like Botak Chin,” he said.

“I also complained of my back pain as it had occurred in the past. There were no walls for me to lean on as there were only steel bars as walls. Hence, I cannot lean. Also there was the cold cement floor and it was air-conditioned. Hence, it was very cold,” he said.

The Permatang Pauh MP said he was released from the cell at about 8.30am the next day, and this was only after the police had shortly recorded his statement.

Replying to cross-examination by solicitor-general II Mohd Yusof Zainal Abiden, Anwar maintained that the officer did not relate the grounds of his arrest.

When told whether he could not have been sure of what Sankara had promised investigating officer Pereira over the 2pm meeting, Anwar disagreed as he said he was in the same car as Sankara.

“Sankara was sitting in front and I was sitting at the back. We promised to come and it was not necessary to take such action (to arrest me),” he said.

Anwar agreed he was aware that a police report had been lodged against him over the alleged sodomy incident, but he noted there were other police reports made against him that month over other matters.

Another witness, Sankara ( left ), told the court that he agreed that ASP Ahmad Taufik did not mention the grounds of arrest.

“He was robotic, and he only said that he had instructions to arrest Anwar and to take him in his car.”

Sankara asked Ahmad whose orders he was following, but the police officer did not reply.

Questioned further by Yusof, Sankara said he was not aware Anwar was a suspect in the sodomy case.

“Anwar did receive a Section 111 statement on July 12. But it did not indicate whether he was supposed to be a suspect or witness,” he said.

Yusof: In fact, it was published in local and international newspapers?

Sankara: I am a lawyer.

Yusof: You have been a police officer?

Sankara: Yes, I joined the force in 1982 and had served in the Special Branch and commercial crime.

Yusof: You must be aware when you called a person a suspect?

Sankara: Not necessarily when you want to record a statement.

Yusof: How many conversation did you have with Jude (Pereira)?

Sankara: There were many. There was an agreement that we would come on July 16 at 2pm.

Yusof: I put it to you that there was no conversation made between you and Jude on July 16.

Sankara: I disagree.

Karpal then informed the court that he will be calling Subang Jaya MP Sivarasa Rasiah as another witness in the trial-within-a-trial. Yusof informed the court that the prosecution has two witnesses.

Justice Mohamad Zabidin Mohd Diah then fixed 9am tomorrow to continue with the trial-within-a-trial.

Outside the court, Anwar said the fact that he had undergone a physical examination was never revealed before.

Surely, they (the police) had acted on orders from the higher-ups and it could be the prime minister at that time, he said.

Is evidence fraudulently obtained admissible?