Karpal: Defence faces 'trial by ambush'

For the second time, an application by Anwar Ibrahim's lawyers to get the prosecution's witness list was shot down by the court today.

Kuala Lumpur High Court judge Mohd Zabidin Mohd Diah had on July 16 last year allowed the witness list and other documentation to be given to the defence.

On appeal by the prosecution, however, the decision was overturned by the appellate and the Federal Court.

Anwar's lawyer, Karpal Singh ( right ) said the defence was prepared to cross-examine key witness Mohd Saiful Bukhari Azlan, 25, but was facing problems due to the prosecution’s refusal to furnish the witness list.

Karpal also pointed out that the court had also not acceded to its request to get the notes of proceedings from the case, including the notes pertaining to Saiful’s testimony in camera .

“How can this be ... (when) we have made a proper application?” he asked. Justice Mohd Zabidin asked did you asked a lawyer to pick it up, to which Karpal replied yes, where they had sent lawyer Wan Anuar Syahadat. The judge said he will look into it.

'Trial by ambush '

Karpal said the defence needs the witness list to check who could be on the  prosecution's witness list and compare it with their own defence witness, which was vital for its defence of alibi and to prevent a “trial by ambush.”

“The stakes are very high to Anwar. Not because this is (regarding to) Anwar, but to prevent abuse by prosecution in other cases. The most important aspect in any trial is the evidence of witnesses," he asserted.

Demanding answers as to why the prosecutor was going against convention in not providing the witness list, Karpal went on to wonder out loud whether Prime Minister Najib Abdul Razak himself as being involved in plotting to bring down Anwar.

“There is a political conspiracy against Anwar. If there is none, then the prosecution should ... (give) us the list," says Karpal, reiterating his demand that the court use its inherent jurisdiction to compel the prosecution to give the list.

Solicitor-General II Mohd Yusof Zainal Abiden, in response, submitted that the prosecution was bound by the apex court’s decision to withhold the documents sought by defence.

Agreeing with Yusof, Justice Mohamad Zabidin similarly said he was bound by the Court of Appeal and Federal Court decisions against allowing key evidence, including witness list, to be given to the defence.

"Hence, the application to get the witness list is dismissed," said Zabidin.

Anwar's defence faced a similar challenge later this afternoon when Karpal applied for the statement that Saiful had given to the police under Section 112 of the Criminal Procedure Code.

Declaring that Saiful was not telling the truth in his testimony, Karpal applied for a postponement of proceedings to tomorrow to make a full submission on the matter.

This was allowed by Justice Zabidin.

Outside the court, Karpal told reporters that the statement given by Saiful had been regarded by the prosecution as a privileged document. There are exceptions to this in law, however, and that would be the thrust of his submissions tomorrow, he added.

Another lawyer, Sankara Nair ( left ) said that following the apex court ruling, the defence has no other way to gain access to the documents other than making the applications individually.

“We wanted the trial to proceed smoothly by having the prosecution give us documents and evidence, but they are hindering us.”

“The Federal court had said (we are) to apply whenever it wants any documentation or evidence, and that is what we are doing,” he said.

Anwar: Out to prove Najib's involvement.

When met, Anwar told reporters said his lawyers were trying to prove the existence of a political conspiracy, and this was evidenced by Saiful’s meeting with Najib a mere two days before the alleged sodomy incident.

“This will show there is a high level conspiracy against me and also of Najib's involvment,” he said.

From the outset of the trial, Anwar had instructed Najib and his wife Rosmah Mansor to be called as witnesses .