As the defence in the Anwar Ibrahim sodomy trial closes its case today with its decision not to call two witnesses, the court today granted leave for the prosecution to call rebuttal witnesses.

No objection was made by Anwar Ibrahim’s lawyer, Karpal Singh, to the prosecution’s application for leave (permission) to call the rebuttal witnesses.

“We have no objection but this is subject to the admissability of the evidence,” Karpal said

NONE In other words, the prosecution today is re-opening their case by calling four witnesses as rebuttal to orthopaedic specialist Dr Thomas Hoogland ( right ).

Solicitor-general II Mohd Yusof Zainal Abiden told the court that they are applying for leave following the latest developments in the seventh witness’s testimony.

“The seventh witness (Hoogland) had brought up the issue of whether Anwar is capable of doing it, as per his charge.

“Calling witnesses for rebuttal is provided for by law. I have discussed this with Karpal and I believe they are not objecting,” he said.

Yusof also informed the court four witnesses will be called and they will give short testimonies on the issue (of Hoogland’s testimony).

The questioning, he said will be done by DPP Nordin Hassan.

Nordin is the deputy head I of the prosecution division in the Attorney-General’s Chambers.

It is learnt the four comprise of an expert witness, probably a back specialist from Hospital Kuala Lumpur, and three normal witnesses. Their identities are being kept under wraps by the prosecution.

‘Single most important question in Malaysia?’

Kuala Lumpur High Court judge Justice Mohamad Zabidin Mohd Diah said he will be hearing the testimony tomorrow.

It was reported last week that Anwar’s defence decided not to call former inspector-general of police Musa Hassan and former Malacca police chief Mohd Rodwan Mohd Yusof.

Despite the defence closing its case, there is still an appeal pending on the court’s decision to strike out the subpoenae served against Premier Najib Abdul Razak and his wife Rosmah Mansor.

NONE On Oct 6, Justice Zabidin ( left ) struck out the subpoenae on Najib and Rosmah following arguments they were not material and relevant witness to the trial and Anwar's defence.

This matter is still on appeal as they filed the notice on Oct 9.

Quizzed on why the defence decided to close the case as the appeal is still pending, lawyer Sankara Nair told reporters that the defence does not know when the appeal will be heard and we (the defence) do not want to be accused of delaying the trial.

“The appeal may take months or a year, pending the judge providing written grounds over his decision in not allowing Najib and Rosmah to be called,” he said.

Arguments have been brought by the mainstream media and even by Court of Appeal judge Abdul Malik Ishak , on Anwar possibly delaying the trial with his many appeals.

However, following complaints by Anwar’s defence team on appeal resulted in the Federal Court expunging four disparaging remarks made by Abdul Malik in his judgment.

The legal fraternity and those in Anwar’s defence team have continuously argued that the politician has the right to exhaust all his legal avenues by making appeal after appeal to any ruling made which is considered unjust.

Anwar, on the sidelines, joked that Malaysians are obsessed with the single question of whether “he can do it” and are not focussing on other pressing issues facing the country at hand.

Parts of Hoogland’s testimony when quizzed by the defence and also the prosecution was done ‘in camera ’ .

In camera proceedings are done before the judge and the defence lawyers and prosecutors without the presence of anyone in the public gallery. Normally this is done in sex-related cases or testimony involving an underage witness.

 

Sodomy II: Prosecution to call rebuttal witnesses