`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Tuesday, February 10, 2015

D-Day for Anwar, CJ reading judgment (10) -GUILTY! Anwar to be jailed!

LIVE: Chief justice says consent is not an ingredient of Anwar’s sodomy case

12.10PM: Defence seeks short adjourment before sentencing.
12.05PM: After reading for two hours, Justice Arifin arrives at the guilty verdict.
The judge says there is overwhelming evidence that Saiful was sodomised by the accused because there is overwhelming scientific and corroborative evidence.
12.00PM: Based on the facts of the case, Justice Arifin holds that Dr Mohd Osman Abdul Hamid from Pusrawi Hospital was not telling the truth when claiming in his medical report that plastic objects were inserted into Saiful's anus.
The judge said the Kuala Lumpur general hospital doctors did not draw similar conclusions.
11.55AM: Justice Arifin says Anwar did not dispute that he was in the condominium and that Saiful was also there.
"We hold there is no merit in the complaint of political conspiracy. A mere denial (from Anwar) does not mean it could be accepted. A political conspiracy allegation remains unsubstantiated," he adds.
11.52AM: Justice Arifin touches on the allegation that Saiful met Najib, who was then deputy prime minister, and the latter’s special officer Khairul Anas.
11.50AM: Justice Arifin focuses on other defence witnesses, including Anwar’s former aide Najwan Halimi’s testimony that he was surprised to see Saiful, known to be a BN sympathiser, working for the opposition leader.
11.45AM: As the judgments unfolds, Twitter is abuzz that the opposition leader may be found guilty.
"Moving towards conviction," wrote PKR legal bureau chief Latheefa Koya.
"Looks like may be guilty verdict based on what's reported so far. Malaysia to be in spotlight for all the wrong reasons again," adds Jakarta-based journalist Beh Lih Yih in a Twitter posting.
"Looks very grim," tweeted Bayan Baru MP Sim Tze Tzin.
11.43AM: Justice Arifin now shifts to Anwar’s alibi. “Anwar alleged that the samples had been tampered with and blamed the media for making prejudicial statements. He also criticised the High Court ruling that Saiful was a truthful witness,” he says. He then repeats Anwar’s conspiracy claim.
11.40AM: Justice Arifin continues. He says there is nothing "inferiorly fallible" in the chemists’ evidence.
11.35AM: There is an interruption due to problems with the microphone.
11.31AM: As Justice Arifin continues to read the judgment, one of Anwar’s children breaks into tears. All his six children are present in court.
11.30AM: Justice Arifin also notes how the chemist testified that it is consistent with the complainant’s allegation that he was sodomised.
11.28AM: Justice Arifin also states that the chemists found semen samples and sperm heads.
“The finding of sperm heads after two days is not unusual,” he adds.
11.27AM: At ths juncture, Anwar turns to look at Wan Azizah.
11.26AM: The top judge rules that the samples are not contaminated.
11.25AM: Justice Arifin rules that there is no break in custody of the samples and that DSP Jude Pereira, the investigating officer, was careful in leaving the cut plastic bag hanging.
11.08AM: Justice Arifin also rules that the items from the lock-up were legally obtained, and terms it as “independent evidence”.
“We (the panel) are of the view that conducting a trial-within-trial (on the admissibility of evidence from the detention cell) was unnecessary,” he says.
11.05AM: As for the lock-up evidence, the top judge concludes that Anwar had used the items as the cell was vacant before him.
11.03AM: Justice Arifin moves to the evidence from chemists Dr Seah Lay Hong and Nor Aidora Saedon as well as how the trial judge found there was ample corroboration evidence. He says a prima facie case was established and the Court of Appeal agreed.
“Saiful is not an accomplice and there is enough corroborative evidence to support his testimony,” he adds.
11AM: The top judge states that the Evidence Act does not require corroboration. (The High Court had ruled that the chemists’ evidence did not corroborate with Saiful’s testimony). He says the evidence of the complainant can be relied upon without corroboration.
10.50AM: Justice Arifin also raised the infamous Brioni suit and as for the carpet seized, he states that it is not critical evidence.
10.46AM: On Saiful, Justice Arifin says his minute details must be borne in mind and that the complainant had stuck to his testimony despite a thorough cross examination. Due to this, Justice ArIfin says the Court of Appeal ruled that Saiful’s evidence was acceptable.
10.45AM: Justice Arifin reads Anwar’s defence questioning Saiful’s conduct of bringing the KY jelly and the Pusrawi doctor claiming that a plastic object had been inserted into his anus. The chief justice notes that Saiful had alleged there were previous sexual encounters, and the defence had countered by asking why he did not flee.
10.43AM: The judge is now focusing on the issue of Saiful’s credibility.
10.42AM: Justice Arifin says the experts who testified for the defence cast aspersion on  the condition of the samples, hence the KL High Court was of the opinion that there was reasonable doubt concerning the samples.
10.39AM: The judge is now reading the testimonies of defence witnesses Prof David Wells and Prof Brian Mcdonalds. He says spinal surgeon Dr Thomas Hoogland was of the opinion that Anwar cannot perform such sexual acts because of his back problem.
10.37AM: Justice Arifin points out that Anwar gave his statement from the dock where he alleged a conspiracy by Prime Minister Najib Abdul Razak and questioned Saiful’s conduct.
10.33AM: Justice Arifin notes how Anwar was detained and brought with him a towel, toothbrush and mineral water bottle. These items were retrieved by the police the following day and the samples were handed over to the Kuala Lumpur police headquarters.
10.27AM: After disclosing how Saiful was referred to Hospital Kuala Lumpur, where samples were taken, Justice Arifin says the chemist found sperm cells from the higher and lower rectal swabs. He also notes that the doctor’s initial findings showed there were no signs of penetration.
10.20AM: Justice Arifin recounts the incident, from Saiful arriving at the condominium and how a lubricant was used as well as his anus being penetrated. He notes how Saiful resigned after the incident and was accompanied by his uncle to Hospital Pusrawi.
10.17AM: Chief Justice Arifin says consent is not an ingredient of the offence, recalls how Saiful worked as a volunteer and served as Anwar’s assistant.
10.12AM: Chief Justice Arifin is reading the judgment, starting with the background of the case and the charge against Anwar.
10.08AM: Court is now in session with Chief Justice Arifin leading the five-member bench. Anwar enters and bows. He also bows to those seated in the public gallery.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.