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Final arguments before crucial decision in mini-trial
Published:  Mar 7, 2011 8:53 AM
Updated: Mar 8, 2011 4:34 AM

Anwar Ibrahim's sodomy trial resumes today with final arguments made by both the defence and prosecution in the trial-within-a-trial.

Anwar, along with lawyers Sankara Nair and Subang MP Sivarasa Rasiah, had testified for the defence, while arresting officer, superintendent (then ASP) Ahmad Taufiq Abdullah, testified for the prosecution.

Anwar and Sankara told the court that no grounds of arrest were mentioned when the former was taken away in July 2008 by a team of balaclava-clad police officers.

azlan Sivarasa meanwhile testified that he warned the investigating officer not to keep Anwar overnight after his statement was recorded and he underwent a medical examination.

In this trial-within-a-trial, top defence lawyer Karpal Singh is attempting to prove that the arrest was unlawful and the three items retrieved from the cell where Anwar was detained overnight - which contain the ‘Male Y’ DNA - were unfairly and unlawfully obtained.

Ahmad Taufiq meanwhile told the court that he did inform Sankara and Anwar that the arrest was made based on the allegation under Section 377B for consensual sodomy.

However, the police officer acknowledged that the warrant of arrest, dated July 15, 2008, was only given to Anwar at the Kuala Lumpur police headquarters where he was detained.

It remains to be seen whether Kuala Lumpur High Court judge Justice Mohamad Zabidin Mohd Diah will make his decision on the admissibility of the crucial evidence today.

The three items which the prosecution wants the court to mark as evidence could make or break its case against Anwar.

   

LIVE REPORTS

8.31am: Anwar Ibrahim arrives at the Kuala Lumpur High Court with his wife and PKR president Dr Wan Azizah Wan Ismail. Both leaders shake hands with representatives from the Danish embassy.

8.37am: Defence lawyer Sankara Nair enters the courtroom with colleague, Param Cumaraswamy.

8.50am: There is still no sign of the prosecutors. Normally, they are here before the defence lawyers.

8.57am: The prosecution team led by solicitor-general II Mohd Yusof Zainal Abiden arrives.

9.01am: Lead defence lawyer Karpal Singh is in court.

Court is ready to begin. There are about 60 people in court. However, there are still several empty seats at the front and back row of the public gallery.

9.06am: The court called into session with Justice Mohamad Zabidin Mohd Diah presiding.

9.07am: Yusof applies to recall Supt Ahmad Taufik, the arresting officer, to put in the warrant of arrest as evidence.

Karpal objects. He says today is fixed for submissions as the trial-within-a-trial has closed.

According to Karpal, this is a criminal trial and the application should be made during the trial-within-a-trial.

Yusof explains the warrant of arrest was misplaced and that he has found the original. Last Friday, the warrant of arrest which was tendered in court was not the original .

[More to follow]


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