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Friday, October 31, 2014

Saiful was an unwilling participant, says Shafee (3)


LIVE REPORTS

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?”

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