Sodomy II: Anwar’s lawyer says issue of ‘consent’ should be explored
(Malay Mail Online) – Datuk Seri Anwar Ibrahim’s defence team said today the court should have evaluated Mohd Saiful Bukhari Azlan’s statements to determine if the alleged act of sodomy had been forced or consensual.
Anwar’s lead counsel Datuk Seri Gopal Sri Ram told the Federal Court that there were reasonable grounds to explore the matter as although the alleged sodomy act was said to have been non-consensual, the actual charge was not framed in such a manner.
“Wrong test applied by learned judge,” he said, referring to High Court judge Datuk Mohd Zabidin Mohd Diah who had presided over the Sodomy II hearing in 2012.
“Saiful testified that the alleged sodomy was non-consensual but the appellant was charged under Section 377B and not Section 377C (of the Penal Code).”
Section 377B of the Penal Code covers “punishment for committing carnal intercourse against the order of nature”, while Section 377C covers the commitment of “carnal intercourse against the order of nature without consent”.
Earlier when the court resumed after a brief lunch break, Sri Ram continued to tear apart Saiful’s testimony on the use of the K-Y gel lubricant, saying that the chemist report findings had showed no trace of the item at the apartment where the alleged incident took place.
Saiful had previously testified that while he was being sodomised, he had squeezed the K-Y gel tube and that it spilled on the carpet and a towel.
“No jelly traces were found. What could have amounted to corroboration actually supported the defence’s case that the offence never took place,” Sri Ram told the court.
Anwar, who is the Permatang Pauh MP, was charged with sodomy for the second time after Saiful, his former aide, complained of being sodomised by the politician at the Desa Damansara condominium in upscale Bukit Damansara on June 26, 2008.
The Federal Court is hearing today Anwar’s challenge of the Court of Appeal’s decision to overturn a lower court’s decision to acquit him of the charge.
The High Court had in 2012 acquitted Anwar of the 2008 charge but the appellate court ruled on March 7 this year that the trial judge had erred when rejecting the DNA evidence produced in the case.
Anwar has repeatedly maintained his innocence, insisting that the charges were trumped up to kill his political career as he allegedly poses a threat to the Barisan Nasional coalition’s decades-long rule with the Pakatan Rakyat alliance, which he now leads.
If Anwar fails to reverse his five-year imprisonment sentence and conviction in the Federal Court tomorrow, he would lose his seat as the law bars anyone fined RM2,000 or imprisoned for one year from serving as a lawmaker.
Today’s hearing is presided over by a five-member panel led by Chief Justice Tun Ariffin Zakaria.
Others include Court of Appeal president Tan Sri Md Raus Sharif and Federal Court judges Tan Sri Abdul Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk Ramly Ali, who replaced Tan Sri Ahmad Haji Maarop.
Anwar is represented by a 14-man defence team led by Sri Ram. Others include lawyers R.Sivarasa, Latheefa Koya, N. Surendran and Gobind Singh Deo.
Lawyers from the prosecution team are Tan Sri Muhammad Shafee Abdullah and Datuk Mohamad Hanafiah Zakaria.
