A police officer, who arrested Anwar Ibrahim testified in the trial-within-a-trial to ascertain whether that action was unlawful , said that he had told Anwar's lawyer Sankara Nair the Permatang Pauh MP was being picked up under Section 377B of the Penal Code, which covers sodomy.

Despite not stating what Section 377B was about, Supt Ahmad Taufik Abdullah (then an ASP) said, he made the arrest on the directive of Federal Criminal Investigations Department chief Bakri Zinin.

"Bakri himself instructed me, and I was asked to assemble the men," Ahmad Taufik, who was the only prosecution witness at the hearing, said in reply to questions from Solicitor-General II Mohd Yusof Zainal Abiden.

"My men halted Anwar's car as he diverted from heading towards the Kuala Lumpur police contingent headquarters for the promised meeting at 2pm with DSP Jude Blacious Pereira," he said.

As the car stopped, Ahmad Taufik said, Sankara came out and he informed the lawyer of the intention to arrest Anwar under Section 377B.

"I also told Anwar, who was in the car, that he would be arrested under that section," he said.

Section 377B of the Penal Code covers consensual sodomy. It carries a minimum punishment of up to 20 years jail and whipping.

Arrest warrant given later

He agreed that he did not have the warrant when arresting Anwar before the politician could reach his Segambut home, but acknowledged that Pereira had given it to him at KL police headquarters.

Cross-examined by Karpal Singh, Ahmad Taufik denied that he did not inform Sankara that the arrest under Section 377B.

"I did inform Sankara outside the vehicle and Datuk Seri (Anwar) when he was inside the police vehicle," he maintained.

NONE Anwar testified yesterday that 10 to 15 members of the police Special Action Unit, wearing balaclava and armed with submachine guns, stopped his car near his home at Jalan Bukit Segambut about 1pm on July 16, 2008.

He did not deny that he was told of the order to arrest him, but said he wanted to know the grounds for the arrest.

This was because Anwar claimed he agreed to meet with Pereira at 2pm that day.

Another of Anwar's witnesses, lawyer R Sivarasa, testified that on the morning of July 16, 2008, he had accompanied Anwar to the Malaysian Anti Corruption Commission, office in Putrajaya on ths matter of fabrication of evidence in the (Anwar's) black eye incident of 1998.

Sivarasa said he when he  learnt of Anwar's arrest, he went to the KL police headquarters about 2pm, where he and Sankara Nair were taken to a meeting room.

"Other officers were present. I remember ACP Razali and Yahya. I was the only lawyer present when (Anwar's) statement was recorded," said Sivarasa who is also the MP for Subang.

In reply to Karpal Singh's questions, he said despite finishing recording Anwar's statement, investigating officer Jude Pereira informed them that Anwar would be taken to the Hospital Kuala Lumpur.

"I was present with him at HKL. The police (Pereira) made a request for a blood sample." 

"Anwar consulted me, and I consulted with other lawyers in the team, and I advised him to decline," said Sivarasa. 

Cop wants Anwar held overnight

He recalled Anwar explaining why he declined, which was based on his experience in 1998 (during his previous sodomy case), where (the samples) were used illegally for other purposes.

NONE "After finishing at the hospital, Anwar was taken back to the KL police headquarters. I expected the police to release him. However, Jude (Pereira) said the police would detain Anwar overnight as they have yet to finish recording his statement.

"I gave my solicitor's undertaking that I would bring Anwar back the next morning, but Jude refused. I reminded him that this was serious and Anwar should be released. However, Jude insisted it was his decision to detain Anwar overnight," said Sivarasa.

Initially, Karpal made an application to call Bakri, former inspector-general of police Musa Hassan and former home minister Syed Hamid Albar in the trial-within-a-trial as defence witnesses.

High Court judge Justice Mohamad Zabidin Mohd Diah inquired how come the defence did not indicate this earlier, as subpoenae would have to be issued.

After meeting all parties in chambers, Karpal withdrew the request.

Hearing continues on Monday with submissions from both sides in the trial-within-a-trial.