In an explosive testimony by star witness Mohd Saiful Bakhari Azlan, the former aide of Anwar Ibrahim gave details of his June 24, 2008, meeting with the then deputy premier Najib Abdul Razak - two days before the alleged sodomy incident.

 

NONE In his hour-long testimony, the witness ( left ) also gave some details over his meeting with ACP Rodhwan Mohd Yusof (now SAC 1) and the call he made to inspector-general of Police (IGP) Musa Hassan a day before the said incident.

 

Saiful also related his meeting with former PKR Youth chief Ezam Mohd Noor (now senator) in Rawang, a day after the incident (June 27), to complain about his “penganiyaan” (mistreatment) by Anwar.

 

Both Rodhwan and Musa, were key players in Anwar's 1998 sodomy trial, that had resulted in the opposition leader’s six years' imprisonment. Anwar was later freed by the Federal Court.

 

Cross-examined by Karpal Singh after the senior counsel's application for stay was rejected, Saiful said he was brought to Najib's private residence in Taman Duta by the then DPM's aide Khairil Anas.

 

NONE “I had gone to Khairil Anas' house to complain about the matter. He decided to bring me to meet Najib ( right ) at his house in Taman Duta,” he said.

Saiful had previously alleged that there were incidents of sodomy beside the alleged sodomy that occured on June 26, 2008.

 

After reaching Najib's house in Taman Duta after Maghrib prayers at around 8pm, Saiful said he spent 20-30 minutes there relating his problem to the politician.

Over the course of their discussion, said Saiful, Najib's initial scepticism about his claims turned to shock.

 

“He (Najib) was very sceptical when I told him that Anwar sodomised me," he said, adding at that time there were three people - Khairil, Najib and him - at the meeting.

 

Asked by Karpal if Najib had offered any advice, the witness said "no".

 

Saiful also told the court that before he left, he saw Najib's wife, Rosmah Mansor, but did not meet her personally.

Karpal also asked Saiful about one Datuk Mumtaz.

Saiful said he did not meet Mumtaz at Najib's residence when he was there.

Karpal: When you left (the house), did you meet one Mumtaz?

Saiful:

No, I did not meet Datuk Mumtaz. 

mumtaz jaafar 120510 However, Saiful said he did talk to Mumtaz the day after the alleged sodomy.

Karpal: Did you tell anyone else about the incident?

Saiful: I informed Mumtaz the next day.

The Mumtaz ( right ) mentioned in court is Mumtaz Jaafar, said to be a close confidant of Rosmah.

A former top Malaysian athlete, Mumtaz is the executive chairperson of the National Athlete Welfare Foundation , in which Rosmah is the patron.

How he got IGP's phone number

The witness also told the court about how he had obtained Musa (IGP's) handphone number while he was at Najib’s house.

azlan “Najib had asked for Musa's number from a person whom I could not identify. I overheard the number being given during the conversation, and keyed it into my handphone - just in case of emergency,” he said.

He also told the court that he had went to Najib's office to meet Khairil about six months earlier to seek a study loan to continue his studies to be a pilot.

The witness, who was also a dropout from Universiti Tenaga Nasional, said after the meeting with Najib at his Taman Duta home, Khairil drove him back to his (Khairil's) home.

He said that it was there where Rodhwan had called him and asked for a meeting at the Melia Hotel on that same night.

“I met Rodhwan in a room at Hotel Melia where I relate my predicament,” he said.

Following this, Rodhwan was called into the courtroom to be identified by Saiful, and the witness identified him.

When asked by Karpal whether he had lodged a police report with Rodhwan, Saiful said he only told him of his problem verbally.

Karpal: Did he advise you with what to do?

Saiful: No.

Karpal: Did he ask you to meet him at any other time?

Saiful: He asked me to meet in a room at the Concorde Hotel on June 25, 2008, however this was cancelled.

Saiful also told the court that during the morning of June 25, he had attempted to call Musa on his handphone.

“I called Musa and spoke with him for about a minute. I manage to relate to Musa my problem. He thought it was a prank call, and asked me not to call him again,” he said.

Karpal: Did you at anytime meet or call Musa again?

Saiful: No, that was the only time.

Karpal: Do you find it ‘pelik’ (peculiar) that you managed to gain access to meet Najib and getting to call Musa.

Saiful: No.

Saiful also told the court about his meeting with Ezam, a day after the alleged sodomy incident.

NONE He said the meeting was held near midnight between June 27 and 28 - a day before he lodged the police report.

Anwar’s former aide said that he had initially inform his uncle by the name of Tuah (Mohamed) of his predicament.

Saiful said he, along with his former colleague Rahimi (Osman) and Tuah , decided to meet Ezam.

“We met Ezam at Bandar Tasik Puteri, Rawang. This is where I relate (to Ezam) about my problem,” he said.

Karpal: Did you have any discussion with Ezam?

Saiful: Yes, I relate to him about the ‘penganiayaan’ (mistreatment) by Anwar.

Karpal: Is Ezam the first person to know about the incident?

Saiful: No, before Ezam, it was Tuah, my uncle.

Court rejects Karpal's application

Earlier, High Court judge justice Mohd Zabidin Mohd Diah had rejected Karpal's application to get Saiful's statements which he gave to the police.

Justice Mohd Zabidin in his ruling said that the prosecutors have wide powers to choose which charge is to be used against the accused, including one that is lighter compared to what the complainant had alleged.

azlan “Hence I agree with solicitor-general II Mohd Yusof Zainal Abiden that despite the accused is charged under section 377b, the witness had testified that it (the sodomy) was non-consensual. It cannot be on a basis of a hunch to say that the witness testimony was opposed to what he had complained.

“It cannot be used under section 145 of the Evidence Act to cross-examine the witness and to initiate impeach proceeding. A mere hunch will not suffice.”

Mohd Zabidin said the accused had in the police report stated that the sodomy took place without his consent.

He insisted that there was no contradiction on the matter despite the prosecution’s decision to charge Anwar under section 377b (for consensual sodomy).

“It does not make the witness testimony to be in conflict or (be used as) the basis of a hunch to initiate contempt. Hence, this application is dismissed,” he said.