Anwar named 13 alibi witnesses but called none to testify, Shafee says
(Malaya Mail Online) – The decision by Datuk Seri Anwar Ibrahim’s defence not to call any witnesses to corroborate his alibi despite naming 13 individuals gave reason for the courts to make an “adverse inference,” lead prosecutor Tan Sri Muhd Shafee Abdullah said today.
The private lawyer leading the prosecution in the opposition leader’s sodomy appeal said that the move also nullified what would otherwise have been the “most independent corroborative evidence” against the alleged sodomy.
Shafee added that the defence also needed to prove the claimed alibi after introducing it to counter the allegations made by Anwar’s accuser and former aide, Saiful Bukhari Azlan.
“The defence cannot simply abandon the defence of alibi; once you have opened the umbrella, you must use it irrespective of rain or shine,” Shafee argued in the Federal Court today.
The chief prosecutor then said Anwar never “specifically” denied being at the apartment unit where the alleged sodomy was said to have taken place, and instead only said he did not perform the sexual act.
Shafee said the onus was on the accused to prove his own alibi, “especially in matters that are peculiarly in his own knowledge.”
“Court can comment & draw inference from defence’s failure to follow up on the alibi notice,” Shafee continued.
Shafee added that Anwar never “specifically” denied being in the unit where he was accused of sodomising Saiful, and that the only thing he had said was that he did not perform the alleged act.
In comparison, Shafee said Saiful had taken the witness stand to be cross-examined.
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, 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 Arifin 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 Shafee and Datuk Mohamad Hanafiah Zakaria.
