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10 APRIL 2024

Tuesday, February 10, 2015

D-Day for Anwar, CJ reading judgment (4)

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

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.

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