Anwar poses a question of penetration
According to the defence lawyer, the fundamental element of the charge against Anwar stands unproven because of the reports and calling other witnesses to testify would simply be an exercise in futility, as section 377B of the Penal Code dictates that penetration is an important element of the charge.
By Shazwan Mustafa Kamal, The Malaysian Insider
Datuk Seri Anwar Ibrahim wants the sodomy charge against him thrown out because clinical reports suggest there was no anal penetration of his accuser, but prosecutors say semen samples can still prove unnatural carnal activity.
Anwar’s lawyer Karpal Singh and Solicitor-General 2 Datuk Yusof Zainal Abiden argued before the Court of Appeal this morning over the question of penetration in the Opposition Leader’s bid to have the sodomy charges against him struck out.
The Opposition Leader is appealing against a High Court decision to proceed with his trial. His trial has already started in the High Court, but Anwar now wants the Court of Appeal to put an end to it.
Court of Appeal judges Datuk Wira Abu Samah, Datuk Sulaiman Daud and Datuk Azhar Ma’ah conceded that more time is need in order to study the submissions of both the prosecution and the defence. They said they could only deliver a decision on February 17, a day before the High Court trial is set to continue.
On Dec 1, the High Court had dismissed the opposition leader’s bid to strike out the charge against him. Judge Datuk Mohamad Zabidin Mohd Diah had ruled then that the court cannot use its inherent powers to strike out the sodomy charge based solely on medical reports which found no conclusive clinical evidence of anal penetration on Anwar’s accuser and former aide Mohd Saiful Bukhari Azlan.
Anwar had tendered two medical reports from Hospital Kuala Lumpur and Hospital Pusrawi which stated those findings.
Today, the clinical reports became the focus of both teams in presenting their arguments.
