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Anwar and Saiful had a ‘relationship’, prosecutor tells court

Datuk Seri Anwar Ibrahim allegedly gifted money and other perks to his former aide, Mohd Saiful Bukhari Azlan, who now accuses him of sodomy. – The Malaysian Insider pic by Nazir Sufari, October 31, 2014:-

The appellant and complainant in Datuk Seri Anwar Ibrahim’s sodomy appeal had what could be construed as a “relationship”, the prosecution said, because of the allowances and perks given to Anwar’s aide whom he allegedly sodomised.

The complainant, Mohd Saiful Bukhari Azlan, was a school dropout but wore expensive suits and was given generous allowances and sent on overseas trips, lead prosecutor Tan Sri Muhammad Shafee Abdullah told the Federal Court today.

Citing Saiful’s testimony, Shafee said the former aide to the opposition leader earned a basic salary of RM1,000 but was given US$1,000 as allowance for a trip to Singapore and HK$1,000 dollars when he was sent there.

Saiful also wore suits from luxury brands, Shafee told the court, and submitted that these points must be taken into consideration to show that there was a “relationship”.
The Federal Court is its fourth day of hearing Anwar’s appeal to overturn his sodomy conviction. The last three days saw the defence tearing at Saiful’s credibility as a witness as well as the government chemists and police investigating officer who handled the DNA samples.

The court today heard the four-letter swear word when Shafee narrated a conversation that took place between Anwar and Saiful prior to the alleged sodomy.

Anwar had asked Saiful a question with a sexual innuendo “today”, and Shafee said the word “today” implied that a sexual relationship could have happened before on previous occasions.

Shafee took up the discrepancy raised by Anwar’s defence yesterday on the length of time the alleged sodomy lasted.

Anwar’s lawyer Ramkarpal Singh said Saiful told the court during trial that it lasted five minutes, but initially told the investigating officer and doctors at Kuala Lumpur Hospital that it was for 30 minutes to the extent there was pain in the anus and stomach.

Today, Shafee told the court that the 30 minutes included the time to take a shower.

On the defence’s point that there was no trace on a carpet of the lubricant used during the alleged sexual act, Shafee said this was because the K-Y Jelly could have been spilled on a towel instead.

The defence had also noted that Saiful and Anwar had curry puffs and Nescafe for tea after the alleged sodomy, and used this as a point to show that Saiful’s claim of assault was not credible.

Shafee said this could not be used against Saiful as he was under pressure.

“You must remember, people who are subjected to sexual harassment or abuse, they become subservient. (And this is) not an ordinary appellant. This someone who is dominant, charismatic and influential.”

In the first three days of the hearing, Anwar’s defence team sought to discredit Saiful as a witness by pointing out contradictions in his testimony such as his behaviour after the alleged sodomy, including a photograph which showed him serving tea at Anwar’s house, and discrepancies in his evidence about the length of time the alleged crime had lasted.

Anwar is appealing to overturn his conviction by the Court of Appeal of sodomising Saiful in 2008. His defence team of 14 lawyers is led by retired Federal Court judge Datuk Seri Gopal Sri Ram.

A five-member bench led by Chief Justice Tun Arifin Zakaria is hearing the appeal.

Anwar was acquitted by the High Court in January 2012 after a lengthy trial.

The opposition leader is alleged to have performed carnal intercourse on Saiful, his former aide, at an apartment in Damansara on June 26, 2008.

This is the second sodomy charge against Anwar. The first was in 1998, after he was sacked from government while still holding the posts of deputy prime minister and finance minister. He was then accused of sodomising his former driver and eventually acquitted by the Federal Court in 2004.

This time, Anwar’s political career could come to an end if the apex court upholds the Court of Appeal’s conviction and grants the prosecution’s request for an enhanced sentence which could be extended up to 20 years under the law. – October 31, 2014.

* Reporting contributed by Tarani Palani, The Edge Financial Daily.

– The Malaysian Insider

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