Sodomy II: ‘Saiful not a credible witness’

28 Oct 2014 / 20:56 H.

PUTRAJAYA: Former Federal Court judge Datuk Seri Gopal Sri Ram, representing Opposition leader Datuk Seri Anwar Ibrahim, submitted to the Federal Court that Anwar's former aide, Mohd Saiful Bukhari Azlan, is not a credible witness.
In the final attempt to appeal Anwar's sodomy conviction, he said trial judge Datuk Mohd Zabidin Mohd Diah used expunged evidence that Saiful was sodomised previously to defend his credibility.
Sri Ram said Saiful, who should have been treated as an "accomplice" since he was an active participant, was "spicing it (evidence) up".
He also argued that Saiful's evidence raised serious doubts because it was inherently improbable.
He also questioned why Saiful did not complain or seek help, which he argued to be inconsistent with Saiful's claim that he was forcefully sodomised.
"Why was Saiful's underwear washed when he had (allegedly) held up the semen in his anus for two days?" Sri Ram said.
Leading a team of 14 lawyers representing Anwar, Sri Ram replaced senior lawyer Datuk Sulaiman Abdullah who is unwell following a leg surgery two months ago.
Anwar's other lawyers include Gobind Singh Deo, Tommy Thomas, Sangeet Kaur and Zaleha Al-Hayat, Latheefa Koya and N. Surendran.
The Federal Court panel comprises Chief Justice Tun Arifin Zakaria, Tan Sri Raus Sharif, Tan Sri Abdul Hamid Embong, Tan Sri Suriyadi Halim Omar and Datuk Ramly Ali who replaced Tan Sri Ahmad Maarop.
The appellants are to make four submissions, which led Arifin to extend the hearing until Thursday.
Speaking to reporters outside the courtroom during recess, prosecution lead lawyer Tan Sri Muhammad Shafee Abdullah said it is possible that the hearing could go on till Friday, given the volume of submissions.
He said he expected a reserved judgment due to the amount of paperwork that needs to be perused.
Sri Ram also questioned whether Saiful's claim that there was penetration was true.
"His evidence is that the act was vigorous and fast and he suffered pain. If that is correct, then a lubricant could not have been used because the very object of a lubricant is to facilitate penetration without pain," he said.
Sri Ram added that medical evidence confirmed no trauma or injury was found in Saiful's anus.
He also said there was no trace of KY jelly found on the carpet where the alleged offence took place.
Saiful had claimed that he had spilled some lubricant on the carpet when he was sodomised.
However, Sri Ram said police investigation did not find any trace of lubricant on the carpet.
"What could have amounted to corroboration actually supports the defence's case that the offence never took place," he added.
Anwar's defence team will continue with its submission today.

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