I'll be free on Tuesday, says hopeful Anwar

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12.40pm: The crowd outside the court becomes slightly chaotic when Anwar appears, shouting "Reformasi" as he makes his way to Masjid Tuanku Mizan Zainal Abidin for Friday prayers.

Speaking to his supporters for two minutes, Anwar says he hopes he will be freed by Tuesday.

"I thank you all. The case goes on and as usual, allegations go back and forth.

"God willing, we will continue on Monday and possibly on Tuesday. And (hopefully) I will be freed on Tuesday," he says.

As he makes a move, he is surrounded by photographers and with more cries of "Reformasi".

The commotion draws the attention of those in the vicinity of the mosque, and some come forward to have their photographs taken with Anwar.

1210pm: Shafee says Jude has nothing to gain from tampering with the samples.

The prosecutor says Jude had been upfront on the matter and the IO admitted to switching on the air conditioning where he had kept the samples for 24 hours to keep them cool.

Justice Arifin adjourns court for today and says court will reconvene on Monday, with the prosecution's submissions continuing.

Monday's session will last only half a day as justice Arifin has another engagement, therefore the proceedings may possibly continue on Tuesday.

12pm: Shafee points out the defence did not put it to Jude while on the stand, the possibility of the samples being tampered with, but only made the allegation when he could not defend himself.

Shafee further repeats there is no alleged tampering of the exhibits.

"Allegations against the IO (Jude) are a serious travesty of justice," he says.

11.55am: The conduct of Jude, says Shafee, does not constitute tampering (of the samples).

He is citing further case laws of why the samples should be accepted.

The government prosecutor asks where one would get samples of Anwar's spermatozoa to tamper the evidence with.

"If one is to suggest (the DNA) could be planted from sample taken in Anwar's cell, it cannot be done as it occurred in a different time space," he says.

Saiful's sample was sent on June 30 while Anwar's sample was retrieved and sent to the chemist on July 17.

11.45am: Also in the public gallery is national laureate A Samad Said along with former Penang deputy chief minister Mansor Othman.

Shafee says the measures taken by HKL doctor Dr Siew Sheue Feng by signing on the envelope of the specimen and having Saiful sign it as well, was sufficient measures taken to avoid tampering.

He says that the samples were further sealed with the police seal.

11.35am: Shafee submits that Jude only marked the intimate samples and that the police officer was following the IGSO.

"In short, when Seah received the samples, she was asked were the HKL seals on the samples intact, and she said they were intact."

11.20am: Shafee reads out a portion of the IGSO that states each sample should be separately packed and each sample must be accompanied by a police 31 Form.

"What the investigating officer (IO) did was cut the plastic, put the samples individually in an envelope and place it in the bag.

"This P27 has been made an issue and this resulted in the acquittal," he contends.

Shafee reiterates the IO did not meddle in the samples but merely placed them each into separate envelopes.

"The intimate samples were sent to Seah on June 30, while the second sample (Anwar's) was sent on July 17 and given to another chemist (Noraidora Saedon).

"Where can the IO get the semen sample in between (ie, June 30 and July 17) to tamper with the (first sample)?" he asks.

11.15am: Prosecutor Shafee continues his submission, showing the P27 transparent plastic bag.

He says the IO (investigation officer) cut the plastic and had left it dangling to show there was no untoward intention.

He reads out the swabs that were taken from Saiful at the Hospital Kuala Lumpur.

"The plastic receptacle is sealed. Dr Siew Sheue Feng testified he sealed it and he signed on it and asked Saiful to sign it. It is tamper proof."

"The defence witness says all this is tamper proof, but not the big plastic (P27). IGSO states each sample must be separated and wrapped," he adds.

IGSO is the Inspector-General's Standing Orders.

11.12am: Court resumes.

11.05am: PKR president Dr Wan Azizah's father Wan Ismail Wan Mahmood is in court, along with granddaughter Lembah Pantai MP Nurul Izzah Anwar.

Court is getting ready to resume.

10.50am: Amid pouring rain, about 200 Anwar Ibrahim supporters were allowed to take shelter in the makeshift camp in front of the Palace of Justice.

Food and drinks were provided by PKR officials while about 50 police officers and men stand watch.

10.47am: Justice Arifin asks for short break. Court stands down.

10.41am: Prosecutor Shafee now goes on to the P27 plastic bag containing all the specimen retrieved from Saiful.

It was not heat sealed, the prosecutor stresses.

"The judge made a mistake about tampering when the outer seal was broken and the inside seal remained intact, with regards to the trial judge's decision to acquit Anwar," he argues.

10.37am: On the K-Y jelly not found on the carpet as raised by the defence, Shafee says Saiful's testimony indicated that it may have fallen on the carpet or on the towel they were on during the sexual act.

He also points out that the carpet was not recovered from the condominium unit where Anwar and Saiful did it.

"Ironically the carpet was found at another unit," says Shafee.

10.33am: Shafee argues that Anwar is not an ordinary appellant as he is charismatic and capable of influencing a young boy.

He says that after the sexual act, Anwar advised Saiful to also not to ignore his prayers.

"This shows they were cordial and this shows the ring of truth. Saiful admitted he was afraid of Anwar," he says, adding that the conversation  took place when they were having coffee and curry puffs.

10.28am: Shafee says Saiful complained of pain in his anus and stomach.

Although Karpal put to Saiful that the incident did not happen, the prosecution's star witness maintained it did.

10.25am: Shafee says Saiful demonstrated (the physical act) at the scene when the trial judge visited the condominium.

He further relates the sodomy incident, detailing how Saiful was asked to hold Anwar's penis and put it into his anus where he had apply some lubricant.

"Anwar was very rough and he ejaculated his semen into me as usual," says the prosecutor, quoting Saiful.

10.15am: Prosecutor Shafee further reads what allegedly transpired on that day to show Saiful could not have fabricated the evidence in court.

"Pointing to the cross-examination by the late Karpal (Singh) where before leaving the condominium, they (both Anwar and Saiful) had Nescafe three-in-one and curry puffs."

"Saiful says the door to the condominium was locked from inside when they did it. Saiful said although he had opportunity to run, he could not."

"He admitted he had the opportunity to run. You were not forced, Karpal asked, but Saiful replied that he (tak rela) it was not voluntary."

Shafee says the act of sodomy took place on a carpet, at the edge of the bed.

The prosecutor explains the sodomy incident did not last 30 minutes, as in between Saiful washed himself and this amounted to half an hour.

10.15am: Shafee says after trying to arrange the day's schedule, Anwar asked Saiful, "Can I f**k you today?"

This showed their intimate relationship, argues the prosecutor.

"Saiful was reluctant and Anwar got angry and they went to the master bedroom and it was there where they did it," he says.

10.10pm: Shafee spells out Saiful's duty as Anwar's aide.

"Saiful ( left ) went everywhere with the accused, to Singapore and Hong Kong, and was given an allowance, wherever he followed the accused," he says.

All this, Shafee says, despite Saiful being a university dropout.

"Anwar also gave him a Brioni suit, which I do not have. Why should Anwar maintain such a relationship (with Saiful)," he asks.

10am: Shafee says that it was easier for the prosecutor to charge and prove its case if the act was committed with consent rather than non-consensual.

"This is a credible witness and there are a lot of rings of truth," he says in describing Saiful.

He adds that Saiful is not an accomplice.

10am: The Anwar supporters gathered outside the Palace of Justice suddenly began shouting ‘Hidup Rakyat’ and ‘Bebas Anwar’.

This after they spotted  former prime minister Dr Mahathir Mohamad’s car passing by them before entering Cempaka Sari auditorium - located opposite the court building - where Mahathir officiated a forum.

 

9.54am: Despite Anwar's criticism of the judge, Shafee says this was the same judge who had acquitted him.

He says the alleged sodomy incident was between 3pm and 4.30pm at the Desa Damansara condominium.

Shafee argues that when Saiful says he did not do so voluntarily (tanpa kerelaan), it is different from consent.

"It is  a grey area, where my heart says no, but what do I do when my employer is entirely dominant? It has nothing to do with consent."

9.50am: Shafee says Anwar also criticised the trial court's credibility in calling for his defence.

"In short, this scandal is worse than the scandal in Monaco as (Justice) Eusoffe Abdul Kadir said," quips Shafee in describing Anwar's statement from the dock.

"However, how do you explain his semen in the intimate part of Saiful?," he asks.

9.35am: Shafee says that Anwar created a fuss by testifying in the dock that the judge had pre-judged him.

He says we must not forget there were 60 adjournments and there were many applications which are truly not in law here as well as in the Commonwealth.

Anwar, he says, also attacked the judiciary, including former Court of Appeal judge Abdul Malik Ishak.

"He (Anwar) further alleged the involvement of Najib, Rosmah, Rodwan and also (former) IGP Musa."

Shafee continues to refer to Anwar's statement from the dock complaining about alleged discrimination against him, in particular not being given witness statements.

However, Shafee pointed out that in his experience as a lawyer, the defence has never been allowed to have documents such as witness statements.

Anwar suggested that the samples had been planted by the police, the prosecutor says.

"This are clear allegations against the IO (investigation officer) that he fixed Anwar up. However, how could the IO gain fresh semen from the accused to be 'planted'?" he asked.

"’Male Y’ DNA is found on the intimate areas on Saiful. It is in fact the same ‘Male Y’ found in the KL IPK cell.

"How do you get fresh semen from the accused which is about 60 hours old from the complainant?”

9.30am: Shafee says Anwar includes Umno and the (mainstream) media as part of the conspiracy.

Anwar, the government-appointed prosecutor says, also attacked the trial judge, which is a serious contempt of court by the opposition leader.

"Despite this, the trial judge remained patient."

9.25am: Shafee says according to Anwar, it is a conspiracy of highest level, from the PM to the humble investigating officer, and even linking it to former PM Dr Mahathir Mohamad.

Shafee says Anwar also alleged Saiful Bukhari Azlan was involved in the conspiracy along with Attorney-General (AG) Abdul Gani Patail and then inspector-general of police (IGP) Musa Hassan.

He further says Anwar had complained that documents were deprived from the defence and the opposition leader claimed the prosecutor was also part of the conspiracy.

9.20am: Lead prosecutor Muhammad Shafee Abdullah begins his submission saying that throughout the prosecution's case the entire Anwar's defence is dominated by political conspiracy to fix the opposition leader with the crime.

He says he will analyse this and will begin with Anwar's statement from the dock.

9.16am: Court called into session with Justice Arifin Zakaria leading the five-member Federal Court panel to the bench.

8.55am: Senior lawyer in private practice  Muhammad Shafee Abdullah, who has been appointed lead prosecutor for the case, arrives. Court prepares to start.

8.53am: Opposition Leader Anwar Ibrahim arrives with wife and PKR president Dr Wan Azizah Wan Ismail. On seeing Mohamad Sabu, Anwar hugs the PAS deputy president.

8.50am: The situation outside the Palace of Justice in Putrajaya. where the trial is taking place. is calm and quiet. About 100  supporters of Anwar Ibrahim are seen milling around the area.

Most of them are chatting with one another while awaiting news on the court hearing.

8.30am: Lead defence counsel Gopal Sri Ram enters the courtroom along with Wangsa Maju MP Dr Tan Kee Kwong, PAS Tumpat MP Kamaruddin Jaafar and former PKR secretary-general Saifuddin Nasution Ismail.

Also in court are former Selangor menteri besar Muhammad Muhammad Taib and PAS deputy president Mohamad Sabu.

Hearing is expected to kick off at 9am.

8.15am: Journalists and international observers are allowed into the courtroom.

Lawyer Zamri Idrus, who appears for Mohd Saiful Bukhari Azlan, is seen in court with Attorney-General’s Chambers deputy head of prosecution Mohd Hanafiah Zakaria.

Defence counsel N Surendran, Eric Paulsen, Sangeet Kaur Deo and Latheefa Koya are also ready for the day's battle.

8am: The Federal Court will finally hear submissions from government-appointed prosecutor Muhammad Shafee Abdullah on why Opposition Leader Anwar Ibrahim’s conviction for sodomy - his second in 10 years - is ‘safe’.

 

Shafee indicated yesterday that he would lay out the full facts of the case as he claimed the defence had presented "partial" facts. He will then argue on the issues raised by lead defence counsel Gopal Sri Ram and other members of the defence team.

 

Yesterday, Shafee informed the court that he needed more time to re-organise his submissions due to extensive points made by the defence.

 

He pointed out that Anwar's team had submitted an additional ground of appeal on Tuesday, at the start of the appeal hearing. In all, Anwar had provided 36 grounds of appeal.

 

According to Shafee, 85 percent of his submissions are old and 15 percent new.

 

He alone will make the submissions for the prosecution alone, despite the presence of deputy head of prosecution (operations) of the Attorney-General’s Chambers, Mohd Hanafiah Zakaria, who has been involved in the trial when the case was first heard in the High Court.

 

Hanafiah is one of the last members in the prosecution team for the trial that was once led by former solicitor-general II Mohd Yusof Zainal Abiden.

 

The proceeding today is expected to last half a day and will continue on Monday, with Shafee continuing with his submissions, after which the defence will have the opportunity to reply.

 

After that, the five-member Federal Court panel will decide whether to make its decision immediately or announce it on another day.

 

If Anwar is convicted by the country’s highest court, then Shafee is expected to ask for a heavier punishment.

The prosecution is also appealing the five-year prison term meted out by the Court of Appeal in March, which it says is “manifestly inadequate”.

 

Ironically, former prime minister Dr Mahathir Mohamad, who is Anwar's nemesis, is scheduled to speak today at a function at one of the buildings across the Palace of Justice, where this appeal is being heard. 

 

Malaysiakini is covering the hearing live.

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