Najib, Rosmah will testify only if subpoenaed

Prime Minister Najib Abdul Razak, his wife Rosmah Mansor, former police chief Musa Hassan and former Malacca police chief Mohd Rodhwan Yusof are prepared to be interviewed only if they are subpoenaed for Anwar Ibrahim's sodomy trial.

"According to (DPP Mohd) Hanafiah (Zakaria's) affidavit, they refused to come as they are not material witnesses to the charge," Solicitor-General II Mohd Yusof Zainal Abiden (right) told the Kuala Lumpur High Court today.

"Hence, they will only come if they are subpoenaed as witnesses."

Yusof said the other witnesses are all defence witnesses to verify Anwar’s alibi.

He also said it is within Desa Damansara condominium unit owner Hasanuddin Abd Hamid’s rights to have his lawyer present during the interview.

Lead defence counsel Karpal Singh (left) submitted it does not matter who the witness are, as they have been offered by the prosecution.

“Why is there a need to subpoena as this is against what we had agreed upon in the last session. We provided the names of who we want to interview and we gave (this) to the police and prosecution to arrange,” he said.

“The interview is to be conducted as agreed at a neutral place and we agree it would be in court. So when this application is made why restrict us. Anwar should be given his right constitutionally right to a fair trial.

“Do you mean that when we apply to interview Hasanuddin's two maids, do we have to wait for them to be subpoenaed?”

This, Karpal stressed, is to be an interview and not examination (during the trial).

“We respect Hasanuddin's need for his lawyer to be present and we do not have a problem with that,” he said.

Karpal warned that, by accepting what is stated in the Hanafiah's affidavit, the court would be going beyond the provisions of law and that this would set a dangerous precedent.

“Hanafiah is stating this and that but his claims are based on what the sergeant who is in charge of helping out had said. Why is there no affidavit from the sergeant ...?”

Argument over procedure

Yusof submitted that the defence should first provide a list of witnesses it wants, in order for them to be subpoenaed.

“We will (issue the subpoenas) as you give us the list,” he said.

Karpal countered that the arrangement agreed upon is for the defence to inform the prosecution as to who is to be interviewed - and that the onus would be on the prosecution to provide the witnesses.

“The prosecution has no say who the defence should consider as material witnesses. It is up to the defence to decide,” he said, citing Najib, Rosmah, Musa and Rodhwan as examples.

“The prosecution cannot impose terms as to what the defence wants to extract from the witnesses.”

Justice Mohamad Zabidin Mohd Diah (left) said he would deliver his decision on Monday, when Anwar is scheduled to take the stand to make his defence.

Hasanudin’s wife Noor Sham Abdul Hamid, condo maids  Suliati and Fitria Dipan are among those the defence wants to call as witnesses, alongside former PKR supreme council member Nik Mahmood Nik Hassan and former Mier executive Mohamad Ariff Abdul Karim.

Others are former Bursa Malaysia chief operating officer Omar Malek Ali Merican, chief executive officer of Deutsche Bank Raymond Yeoh, and several of Anwar's former staff.

Defence ‘in a bind’

Anwar's defence team feels it is already handicapped by not getting the 71 statements the police had recorded from witnesses, including Najib, Rosmah and Musa.

This follows a Federal Court ruling that the Section 112 statements need not be provided to the defence.

Lawyer Sankara Nair told reporters outside court that they received a letter informing the defence team of this on July 18.

"This has left us slightly blind as, without the Section 112 statements, we do not know what they told the police. Now they have declined to come to interviewed (and this) has put us in a bind. Five had come forward when called to be interviewed.”

Asked what the team would do if the decision goes against Anwar on Monday, Sankara said a rethink would be needed.

He added that forensics specialists Dr Brian McDonald and Dr David Wells are scheduled to testify as defence witness.

Anwar, 63, is charged with sodomising his former aide Mohd Saiful Bukhari Azlan at the Desa Damansara condominium between 3pm and 4.30pm on June 26, 2008.

Najib and Rosmah had seen Saiful several days before the alleged incident.

Anwar has maintained that there is a political conspiracy behind the charge, and the attempt to interview and possibly call Najib and Rosmah as witnesses is based on that.