Federal Court defers judgment

Hafiz Yatim

Modified 7 Nov 2014, 1:59 pm

3.48pm: Shafee gives citation of the case laws of the missing bundles.

Gopal says the defence would not respond.

Justice Arifin says in view of the submission taking some time, the court will reveal its verdict at a later date.

The court also extends Anwar's bail.

3.45pm: Now Shafee is rebutting on the definition of "tanpa kerelaan".

He says the prosecution has given the judges 14 bundles of documents but Justice Suriyadi pointed out they have only 13.

3.38pm: Gopal says Shafee had criticised Anwar for saying it is a conspiracy and he (Anwar) should be forgiven as Anwar had been charged with a similar offence with a person who had provided questionable testimony in 1998.

Only the Federal Court, he says, had in 2004 acquitted Anwar of the offence by a 2-1 majority judgment, only for Anwar to be charged again for a similar offence with a different person.

He adds that Anwar is being hounded by the prosecution on the strength of a witness whose evidence cannot stand up to the truth.

Gopal thanks the panel and concludes his submission.

3.30pm: Gopal argues that there was no necessity for the trial judge to find corroboration as he misled himself in not evaluating Saiful's evidence as gospel.

He says the photograph showing Saiful serving tea should be accepted as in the present technology photographs can be taken without negatives.

Hence, he adds, if the person recognises himself in the photograph, then it should be accepted.

"There is no need to call the maker," he points out.

He says the fact is Saiful was there and serving tea and this puts in doubt of the “tanpa kerelaan" (without consent) testimony.

3.23pm: The former federal court judge says Saiful should be considered an accomplice.

Gopal says with regard to the embellishment the complainant put on Anwar, and given the circumstances of the case, the element of motive and the allegation made can be easily rebutted.

"Saiful is indeed a witness whose testimony requires corroboration.

"There is serious doubt the offence took place at all, he is a man whose credibility is in doubt. Once credibility is lacking, corroboration is irrelevant," he adds.

3.20pm: Gopal defends Dr Osman's ( right ) testimony as being the same as the statement he gave to the police and there is no need to impeach him.

He adds this shows the doctor was an honest and credible witness.

3.14pm: Court is in session.

Gopal begins submitting about the possibility of Pusrawi Hospital's Dr Mohd Osman Abdul Hamid being impeached for his inconsistent evidence.

3.07pm: Anwar's daughter and Lembah Pantai MP Nurul Izzah as well as PKR's Sungai Petani MP Johari Abdol are in the court.

2.55pm: Also in court are Bukit Katil MP and PKR vice-president Shamsul Iskandar Md Akin, Selangor exco members Nik Nazmi Nik Ahmad and Mat Shuhaimi Shafaie, Alor Setar MP Gooi Hsiao Leung and Petaling Jaya Selatan MP Hee Loy San.

2.48pm: Selangor Menteri Besar Azmin Ali is also present.

Shafee arrives in court with his legal team.

Anwar tells reporters that he performed his Friday prayers at the Sultan Mizan Zainal Abidin Mosque, which is located within walking distance from the Palace of Justice.

He relates that he was seated close to his political nemesis, former premier, Dr Mahathir Mohamad.

2.38pm: Gopal Sri Ram arrives with the defence team along with R Sivarasa, Sangeet Kaur Deo, N Surendran, J Leela and Latheefa Koya.

2.29pm: Among those in court are former Selangor menteri besar Muhammad Muhammad Taib, PKR's Dr Xavier Jeyakumar, PKR Wangsa Maju MP Dr Tan Kee Kwong and the international observers.

Anwar Ibrahim's sodomy II appeal at the Federal Court is shaping up to be one of the longest heard criminal appeals in Malaysia, with the case entering its eighth day today.

Lawyer Ram Karpal, who is one of Anwar's counsels, said he felt this is one of the longest appeals in a criminal case, which was initially fixed for Oct 28 and 29.

"I have handled many cases but I can't remember anything longer than this," he said.

This is Anwar's final opportunity to set aside the Court of Appeal's conviction and five-year jail sentence.

Lead defence counsel and former Federal Court judge Gopal Sri Ram ( right ) is expected to take some 15 minutes to wrap up his submission and close the defence's appeal.

Government-appointed prosecutor Muhammad Shafee Abdullah had informed the Federal Court bench yesterday that he needed 10 minutes to reply to the issues raised by Gopal.

The big question is whether the apex court bench led by Chief Justice Arifin Zakaria will make a decision today after hearing the submissions.

It is understood that Justice Arifin is headed overseas next week, while one of the other judges will be on leave.

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