Charge a man for theft of a chicken, evidence is theft of a duck: Karpal
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Federal Court to decide on Anwar’s bid for statement
The Federal Court today reserved judgment on Datuk Seri Anwar Ibrahim’s appeal against the Court of Appeal and High Court decisions to dismiss his bid to obtain witness statements in his ongoing sodomy trial.
Chief Judge of Malaya Tan Sri Ariffin Zakaria, sitting with judges Tan Sri James Foong and Datuk Seri Mohd Raus Sharif, decided they needed to consider whether a High Court ruling in the trial was equivalent to a final order.
The ruling denies Anwar access to Mohd Saiful Bukhari Azlan’s statement, which Anwar’s counsel Karpal Singh argued is necessary to impeach Saiful as the trial’s star witness.
In his submissions, Karpal said: “No doubt, the public prosecutor had every right to charge the appellant under Section 377B of the Penal Code for consensual carnal intercourse against the order of nature. However, the prosecution has in our case led evidence of non-consensual sexual intercourse against the order of nature under Section 377C of the Penal Code.
“There can be no doubt that the Section 112 Criminal Procedure Code statement or any other statement recorded from Saiful in the course of police investigations will inevitably support the charge under Section 377B and not Section 377C. This means his credibility can be impeached.”
Karpal said if Saiful’s credibility is impeached, it would be the end of the prosecution’s case.
He also drew attention to the fact that the Court of Appeal handed down broad reasons for their decision of June 25 and not grounds of appeal.
“Without detailed grounds of appeal which the appellant (Anwar) was entitled to under the law, the appellant is prejudiced in putting up a proper petition of appeal,” said Karpal.
In rebuttal, Solicitor-General II Datuk Mohd Yusof Zainal Abiden said the High Court ruling was not a final order as a ruling made in the course of a trial did not dispose of the rights of parties.
Anwar, 63, the PKR adviser and Permatang Pauh member of parliament, is charged with sodomising Saiful at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.
He is charged under Section 377B of the Penal Code and faces up to 20 years’ jail and whipping upon conviction. – The Sun
