Thursday, October 30, 2014

Saiful was an unwilling participant, says Shafee (5)


11.15am: Prosecutor Shafee continues his submission where he shows the P27 transparent plastic bag.

He says the IO (investigation officer) cut the plastic and had left it dangling to show there is no untoward intention.

He reads out the swabs that were taken from Saiful at the Hospital Kuala Lumpur.

"The plastic receptacle is sealed. Dr Siew Sheue Feng testified he sealed it and he signed on it and asked Saiful to sign it. It is tamper proof."

"The defence witness says all this is tamper proof, but not the big plastic (P27). IGSO states each sample must be separated and wrapped," he adds.

IGSO is the Inspector General Standing Orders.

11.12am: Court resumes.

Saiful was an unwilling participant, says Shafee (4)


11.05am: PKR president Dr Wan Azizah's father Wan Ismail Wan Mahmood is in court along with granddaughter Lembah Pantai MP Nurul Izzah Anwar.

Court is getting ready to resume.

10.50am: Amid pouring rain, about 200 Anwar Ibrahim supporters were allowed to take shelter in the makeshift camp in front of the Palace of Justice.

Food and drinks were provided by PKR officials while about 50 police officer stand watch.

10.47am: Justice Arifin asks for short break. Court stands down.

10.41am: Prosecutor Shafee now goes on to the P27 plastic bag which contains all the specimen retrieved from Saiful.

It was not heat sealed, the prosecutor stresses.

"The judge made a mistake about tampering when the outer seal is broken and the inside seal remains intact, with regards to the trial judge's decision to acquit Anwar," he argues.

Saiful was an unwilling participant, says Shafee (3)


10.37am: On the K-Y jelly not found on the carpet as raised by the defence, Shafee says Saiful's testimony indicated that it may have fallen on the carpet or on the towel they were on during the sexual act.

He also points out that the carpet was not recovered from the condominium unit where Anwar and Saiful did it.

"Ironically the carpet was found at another unit," says Shafee.

10.33am: Shafee argues that Anwar is not an ordinary appellant as he is charismatic and capable of influencing a young boy.

He says that after the sexual act, Anwar advises Saiful to also not to ignore his prayers.

"This shows they were cordial and this shows the ring of truth. Saiful admitted he was afraid of Anwar," he says, adding that the conversation happened when they were having coffee and curry puffs.

10.28am: Shafee says Saiful complained of pain in his anus and stomach.

Although Karpal put to Saiful that the incident did not happened, the prosecution star witness maintained it did.

10.25am: Shafee says Saiful demonstrated (the physical act) at the scene when the trial judge visited the condominium.

He further relates the sodomy incident, detailing how Saiful was asked to hold Anwar's penis and put it into his anus where he had apply some lubricant.

"Anwar was very rough and he sprayed his (air mani) semen into me," says the prosecutor, quoting Saiful.

10.15am: Prosecutor Shafee further reads what allegedly transpired on that day to show Saiful could not have fabricated the evidence in court.

"Pointing to the cross-examination by the late Karpal (Singh) where before leaving the condominium, they (both Anwar and Saiful) had Nescafe three-in-one and curry puffs."

"Saiful says the door to the condominium was locked from inside when they did it. Saiful said although he had opportunity to run, he could not."

"He admitted he had the opportunity to run. You were not forced, Karpal asked, but Saiful replied that he (tak rela) not voluntary."

Shafee says the incident happened on a carpet, at the edge of the bed.

The prosecutor explains the sodomy incident did not last 30 minutes as in between Saiful washed himself and this amounted to half an hour.

10.15am: Shafee says after trying to arrange the day's schedule, Anwar asked Saiful, "Can I f**k you today?"

This showed their intimate relationship, argues the prosecutor.

"Saiful was reluctant and Anwar got angry and they went to the master bedroom and it was there where they did it," he says.

10.10pm: Shafee spells out Saiful's duty as Anwar's aide.

"Saiful (left) goes everywhere to the accused, Singapore and Hong Kong and was given an allowance, where he followed the accused," he says.

All this, Shafee says, despite Saiful being a university dropout.

"Anwar also gives him a Brioni suit, which I do not have. Why should Anwar maintain such a relationship (with Saiful)," he asks.

10am: Shafee says that it was easier for the prosecutor to charge and prove its case if the act was committed with consent rather than non-consensual.

"This is a credible witness and there are a lot of rings of truth," he says in describing Saiful.

He adds that Saiful is not an accomplice.

10am: The Anwar supporters gathered outside the Palace of Justice suddenly began shouting ‘Hidup Rakyat’ and ‘Bebas Anwar’.

This after they discovered former PM Dr Mahathir Mohamad’s car passed them and entered Cempaka Sari auditorium - located opposite of the court building - to officiate a forum.

9.54am: Despite Anwar's criticism of the judge, Shafee says this was the same judge who acquitted him.

He says the alleged sodomy incident was between 3pm and 4.30pm at the Desa Damansara condominium.

Shafee argues that when Saiful says he did not do so voluntary (tanpa kerelaan), it is different from consent.

"It is grey area where my heart say no, but what do I do when my employer is entirely dominant? It has nothing to do with consent."

9.50am: Prosecutor Shafee says Anwar also criticised the trial court's credibility in calling for his defence.

"In short, this scandal is worse than the scandal in Monaco as (justice) Eusoffe Abdul Kadir said," quips Shafee in describing Anwar's statement from the dock.

"However, how do you explain his semen in the intimate part of Saiful," he said.

9.35am: Shafee says that Anwar created a fuss by testifying in the dock that the judge had pre-judged him.

He says we must not forget there were 60 adjournments and there were many applications which are truly not in law here as well as in the Commonwealth.

Anwar, he says, also attacked the judiciary, including former Court of Appeal judge Abdul Malik Ishak.

"He (Anwar) further alleged the involvement of Najib, Rosmah, Rodwan and also IGP Musa."

Shafee continues to point Anwar's statement from the dock complaining about alleged discrimination against him, in particular not being given witness statements.

However, Shafee pointed out that in his experience as a lawyer the defence has never been allowed to have such documents like witness statements which were not provided to the defence.

Anwar suggested that the samples had been planted by the police, the prosecutor says.

"This are clear allegations against the IO (investigation officer) that he fixed Anwar up. However, how could the IO gain fresh semen from the accused to be 'planted'," he asked.

"’Male Y’ DNA is found on the intimate areas on Saiful. It is in fact the same ‘Male Y’ found in the KL IPK cell.

"How do you get fresh semen from the accused which is about 60 hours old from the complainant?”

Day 4 of Sodomy II: Shafee begins submission (2)


9.30am: Shafee says Anwar includes Umno and the (mainstream) media as part of the conspiracy.

Anwar, the government-appointed prosecutor says, also attacked the trial judge, which was serious contempt of court by the opposition leader.

"Despite this, the trial judge remains patient."

9.25am: Shafee says according to Anwar, it is a conspiracy of highest level from the PM to the humble investigating officer and even linking it to former PM Dr Mahathir Mohamad.

Shafee says Anwar also alleged Saiful Bukhari Azlan was involved in the conspiracy along with attorney-general (AG) Abdul Gani Patail and inspector-general of police (IGP) Musa Hassan.

He further says Anwar had complained that documents were deprived from the defence and the opposition leader claimed the prosecutor was also part of the conspiracy.

9.20am: Lead prosecutor Muhammad Shafee Abdullah begins his submission saying that throughout the prosecution's case the entire dominant of Anwar's defence is political conspiracy to fix the opposition leader of the crime.

He says he will analyse this and will begin with Anwar's statement from the dock.

9.16am: Court called into session with Justice Arifin leading the five-member Federal Court panel.

8.55am: Lead prosecutor Muhammad Shafee Abdullah arrives. Court prepares to start.

8.53am: Opposition Leader Anwar Ibrahim arrives with wife and PKR president Dr Wan Azizah Wan Ismail. On seeing Mohamad Sabu, Anwar hugs the PAS deputy president.

8.50am: The situation outside the Palace of Justice in Putrajaya where the trial is taking place is calm and quiet. About 100 supporters of Anwar Ibrahim are seen milling in the area.

Most of them are chatting with one another while they await news on the court hearing.

8.30am: Lead defence counsel Gopal Sri Ram enters the courtroom along with Wangsa Maju MP Dr Tan Kee Kwong, PAS Tumpat MP Kamaruddin Jaafar and former PKR secretary-general Saifuddin Nasution Ismail.

Also in court are former Selangor menteri besar Muhammad Muhammad Taib and PAS deputy president, Mohamad Sabu.

Hearing is expected to kick off at 9am.

8.15am: Journalists and international observers are allowed into the courtroom.

Lawyer Zamri Idrus, who appears for Mohd Saiful Bukhari Azlan, is seen in court with Attorney-General’s Chambers deputy head of prosecution Mohd Hanafiah Zakaria.

Defence counsel N Surendran, Eric Paulsen, Sangeet Kaur Deo and Latheefa Koya are also ready for the day's battle.

8am: The Federal Court will finally hear submissions from government-appointed prosecutor Muhammad Shafee Abdullah on why Opposition Leader Anwar Ibrahim’s conviction for sodomy - his second in 10 years - is ‘safe’.

Day 4: Prosecution’s turn to make submissions (1)

The Federal Court will finally hear submissions from government-appointed prosecutor Muhammad Shafee Abdullah on why Opposition Leader Anwar Ibrahim’s conviction for sodomy - his second in 10 years - is ‘safe’.

Shafee has indicated yesterday that he will lay out the full facts of the case as he claimed the defence had presented "partial" facts. He will then argue on the issues raised by defence lead counsel Gopal Sri Ram and other members of the defence team.

Yesterday, Shafee informed the court that he needed more time to re-organise his submissions due to extensive points made by the defence.

He pointed out that Anwar's team had submitted an additional ground of appeal on Tuesday, at the start of the appeal hearing. In all, Anwar had provided 36 grounds of appeal.

According to Shafee, 85 percent of his submissions are old and 15 percent new.

He will be making the submissions for the prosecution alone despite the presence of deputy head of prosecution (operational) of the Attorney-General’s Chambers Mohd Hanafiah Zakaria, who has been involved in the trial when the case was first heard in the High Court.

Hanafiah is one of the last members in the prosecution team for the trial that was once led by former solicitor-general II Mohd Yusof Zainal Abiden.

The proceedings today is expected to last half day and will continue on Monday where following Shafee’s submissions, the defence will then have the opportunity to reply.

After that, the five-member Federal Court panel will decide whether to make its decision immediately or announce it on another day.

If Anwar is convicted by the country’s highest court, then Shafee is expected to ask for a heavier punishment. The prosecution had said that the five-year prison term meted out by the Court of Appeal in March was “manifestly inadequate”.

Ironically, former prime minister Dr Mahathir Mohamad, who is Anwar's nemesis, is scheduled to speak today at a function in one of the buildings across the Palace of Justice where this appeal will be heard. 

Property agent kidnapped in JB found herself NAKED & RM8K swiped from credit card when she awoke

Property agent kidnapped in JB found herself NAKED & RM8K swiped from credit card when she awoke
GEORGE TOWN - Police have detained two men to assist in their investigation into the kidnapping cum robbery of a real estate agent last Friday.
The victim was allegedly kidnapped and robbed by a man under the pretext of him wanting to sell his house.
Penang CID chief SAC Mazlan Kesah said the two suspects aged 29 and 31 were nabbed in Paya Terubong about 10.30pm on Tuesday.
He said one of those detained, a coffin shop assistant, had a police record for drug offence.
"Both have been remanded until Nov 3 under the Kidnapping Act 1961," he said.
In the 2.30pm incident, the 49-year-old victim had gone to a condominium in Paya Terubong after receiving a call from one of the suspects.
She was knocked unconscious and found herself naked when she woke up a few hours later.
The suspects then used her credit card to purchase RM8,000 worth of jewellery and threatened to kill her if her husband did not pay the RM45,000 ransom.
However the husband managed to negotiate the sum down to RM20,000 and the money was left in a bag at a bus stop in Jalan Hamilton around 11pm the same day.
The victim who was then released about 2.30am sought help from passers-by before lodging a police report. -Sundaily

Gani Patail denies he prosecutes at 'WHIM AND FANCY'

Gani Patail denies he prosecutes at 'WHIM AND FANCY'
PUTRAJAYA - Attorney-General Tan Sri Abdul Gani Patail said that he did not make the decision to prosecute at his whim and fancy but based on the law.
Some recent media reports had slammed him for alleged discrimination, mistakes and failure to use his discretion, leading to increase of cases prosecuted under the Sedition Act 1948.
He said the power of prosecution was used sparingly based on police reports made and discretion of the Attorney-General under Article 145 (3) of the Federal Constitution.
"The decision to prosecute was made jointly. I did not make the decision on my own. I did not accuse people at my whim and fancy. Whether the people like it or not is not an issue as it is based on the law."
Abdul Gani said he was ready to be investigated if there were formal complaints and proof that he abused his position in the prosecution of cases.
The dissatisfied groups could report the matter to the police or to the Malaysian Anti-Corruption Commission (MACC).
"Report me if there is abuse of power. I have no problem," he told Bernama after the Attorney-General's Chambers (AGC) monthly assembly here, today.
Abdul Gani said that stern action would be taken against officials for violating the law and raising negative issues.
"We don't wait long to take action. When an issue arises, we remove the officer. It not does matter whether he is guilty or not. We have to prevent the situation from worsening.
"Within two months, we will dismiss him or hold back his salary," he said when asked about the type of action taken against errant staff.
In 2009, Deputy Public Prosecutor Mohd Azar Irwan Mohd Arifin was charged with amending minutes of investigation papers on three suspects of drug cases. – Bernama