Team Anwar wants Saiful’s ‘post-sodomy’ photo submitted as evidence
(Malay Mail Online) – The Federal Court was urged today to allow a photograph of Mohd Saiful Bukhari Azlan supposedly taken a day after he was allegedly sodomised by Datuk Seri Anwar Ibrahim to be submitted as evidence.
Anwar’s lead counsel Datuk Seri Gopal Sri Ram pointed out that the photo evidence showing Saiful at an event at Anwar’s home was crucial as the youth, who was formerly an aide to the Opposition Leader, did not look like someone who had just been “violently sodomised” a day earlier.
“His demeanor was normal, inconsistent with a man who had been violently sodomised 24 hours before.
“His presence at the event (at Anwar’s home) confirms that it is not credible that he had been sodomised,” the former Federal Court judge told the court.
The High Court, when hearing Anwar’s sodomy case previously, had not allowed the photograph to be submitted as evidence because the photographer could not be called as a witness.
But Sri Ram argued today that Saiful had already admitted to being the person in the photograph.
“Photograph can be admitted as document, because witness admits that is him in picture.”
“If a witness comes to court and admits his image in the photo not necessary to call for photographer. Admissible as an admission,” he said.
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.
