Update 7: Twitter abuzz opposition leader may be found guilty

By admin-s On Feb 10, 2015

(FMT) – The top judge states that the Evidence Act does not require corroboration.

Chief Justice Arifin Zakaria, leading the five-man bench, is reading the judgment, starting with the background of the case and the charge against Anwar, according to a malaysiakini report and KiniTV.

Justice Arifin says consent is not an ingredient of the offence, recalls how Saiful worked as a volunteer and served as Anwar’s assistant.

Justice Arifin recounts the incident, from Saiful arriving at the condominium and how a lubricant was used as well as his anus being penetrated. He notes how Saiful resigned after the incident and was accompanied by his uncle to Hospital Pusrawi.

After disclosing how Saiful was referred to Hospital Kuala Lumpur, where samples were taken, Justice Arifin says the chemist found sperm cells from the higher and lower rectal swabs. He also notes that the doctor’s initial findings showed there were no signs of penetration.

Justice Arifin notes how Anwar was detained and brought with him a towel, toothbrush and mineral water bottle. These items were retrieved by the police the following day and the samples were handed over to the Kuala Lumpur police headquarters.

Justice Arifin points out that Anwar gave his statement from the dock where he alleged a conspiracy by Prime Minister Najib Abdul Razak and questioned Saiful’s conduct.

The judge is now reading the testimonies of defence witnesses Prof David Wells and Prof Brian Mcdonalds. He says spinal surgeon Dr Thomas Hoogland was of the opinion that Anwar cannot perform such sexual acts because of his back problem.

UPDATE 2

Justice Arifin says the experts who testified for the defence noted that the samples were in pristine condition, hence the KL High Court was of the opinion that there is reasonable doubt concerning the samples.

The judge is now focusing on the issue of Saiful’s credibility.

UPDATE 3

Justice Arifin reads Anwar’s defence questioning Saiful’s conduct of bringing the KY jelly and the Pusrawi doctor claiming that a plastic object had been inserted into his anus. The chief justice notes that Saiful had alleged there were previous sexual encounters, and the defence had countered by asking why he did not flee.

On Saiful, Justice Arifin says his minute details must be borne in mind and that the complainant had stuck to his testimony despite a thorough cross examination. Due to this, Justice ArIfin says the Court of Appeal ruled that Saiful’s evidence was acceptable.

Justice Arifin also raised the infamous Brioni suit and as for the carpet seized, he states that it is not critical evidence.

UPDATE 4

The top judge states that the Evidence Act does not require corroboration. (The High Court had ruled that the chemists’ evidence did not corroborate with Saiful’s testimony). He says the evidence of the complainant can be relied upon without corroboration.

UPDATE 5

Justice Arifin moves to the evidence from chemists Dr Seah Lay Hong and Nor Aidora Saedon and how the trial judge found there was ample corroboration evidence. He says a prima facie case was established and the Court of Appeal agreed.

“Saiful is not an accomplice and there is enough corroborative evidence to support his testimony,” he adds.

As for the lock-up evidence, the top judge concludes that Anwar had used the item as the cell was vacant before him.

Justice Arifin also rules that the items from the lock-up were legally obtained, and terms it as “independent evidence”.

“We (the panel) are of the view that conducting a trial-within-trial was unnecessary,” he says.