Michael Chick goes back to old Arabic maps to find that Tanah Melayu was actually called Barr Chin or Tanah China . So who is the Pendatang? Even our famous Professor of History does not know this as he only refers to English texts. A shame, isn't it?
The Great Tanah Melayu Debate
Malaysia Today,
Wednesday, 02 December 2009 admin-s
We hear UMNO's cries for “Brain Gain”, caused by excruciating “Brain Drain”, in the wake of hundreds of thousands of Malaysians who are fleeing their country. We've heard the many alleged reasons provided from both sides of the fence. One of the strongest seems to be the fact that UMNO is asking all “pendatangs” to leave the country if they are not happy.
By Michael Chick
Well, Robert Kwok certainly did just that. And along with him, his entire businesses worth billions in “Tax Drain”. BTN has also been copiously assisting, by enthusiastically brainwashing simple minds into thinking that “Tanah Melayu” is reserved for Orang Melayu. Of course, they quickly tell you that anyone can become an Orang Melayu by speaking, dressing, and behaving like one (whatever that means, who knows?).
Well, UMNO managed to achieve one thing. The BTN-type morons, and their predecessors, have been overwhelmingly successful in brainwashing todays' 27 million citizens. Who says that the Peninsular was ALWAYS called “Tanah Melayu”? This is a recent British Term!! Let me dedicate this Article to the foremost “so-called reknown Historian” of the country. Prof Dr Emeritus Khoo Khay Khim (and anyone else who claims to be as competent in History as well).
Prior to “Tanah Melayu” being a British Tag in the 19th century, the peninsular was formerly known as Malacca in the 15th century. The newly-renamed book “Sejarah Melayu” (previously known as “Asal-Usul Raja-Raja”) mentions every other place from India to China , including the tiny-speck-of-dirt called Temasik EXCEPT “Tanah Melayu”. Why was Tanah Melayu NEVER MENTIONED in Sejarah Melayu? Simple!! Because that was not it's name!!
Tanah Melayu was NEVER the name until the British came and colonized the Peninsular.
(please see map below)
Since UMNO has a habit of believing that “whatever is older is better”, let's take a short walk down this slippery slope of history. (Also, BTN-Baru syllabus planners should start taking notes.)
For starters, “Malaya ” in Tagalog means “Peaceful” (go ask your Pinoy maid).
“Malai” means “Hill” in Tamil; as in “mini-Himalaya” to describe the Titiwangsa Range on the said Peninsular since the 2nd century by the Gujerati Traders who helped the local Malays set up their formidable Hindu Empire at Lembah Bujang.
ref: Prof Nik Hassan, Tom Harrison, and H.G Quatrich Wales
Also read here: http://www.astigan.com/2009/03/06/ppag-unearths-evidence-of-iron-industry-in-lembah-bujang/
Only in the 19th Century was The Peninsular known as “Tanah Melayu”.
In the 15th Century, the Peninsular was known by no other name than “The Malacca Peninsular”.
Before “that Rebel-Indonesian Guy” came over here (look, he wanted to kill his own father; what else do you want me to call Parameswara?), the Peninsular was known as “Barr Kra” in the 10th Century. Before that, the Peninsular was known as the “Golden Chersonese” since the 2nd Century.
“Golden Chersonese is the ancient name to refer to the Malay Peninsula by Claudius Ptolemy or Claudius Ptolemaeus (Greek: ; c. 90 – c.. 168). Known in English as Ptolemy, he was a Greek-speaking geographer, astronomer, and astrologer. During Roman times, the Malay Peninsula developed an international reputation as a source of gold; hence the name was given.”
By the way, “Barr” simply means “Land” in the Persian Language. And Barr Kra above, means “ Land of Kra ” (as in reference to the Isthmus of Kra ).
But I've saved the best for last, as usual. And I hope all you soon-to-be “Brain Gain” people are sitting down reading this ....
The earliest known Arabic Maps refer to the Peninsular as “Barr CHIN”.
Where Chin refers to CHINA ! Why did the Arabs call this Peninsular “Tanah China” instead of “Tanah Melayu”? When Prophet Muhammad s.a.w. spoke about “Exotic Tanah China ”, was he actually refering to Malaya ? After all, according to records, Malayan Gold Mines was already famous 500 years BEFORE the Prophet was born!! As his wife, Khadijah was a Great Trader. He must have known!
Footnote: Chin is spelt “Xin” by the Portuguese, but always pronounced as Chin.
Alright, it's now public!! The oldest known Arab Maps called the Peninsular “Barr Chin”; which translates to “Tanah China ”, or “ Land of Chinese ”. BTN can now implement this new found knowledge into their syllabus. You cannot deny that you don't know it now! Perhaps if you spoke Hokkien, dressed like a Hokkien, and practised Hokkien Customs, the Hokkiens might be gracious enough to accept you. Sounds absurd? Absolutely; and so does the other “Great Race-Changing Trick” practised by UMNO. And I quote Prof Dr Anthony Milner (ANU), “If it's so easy to join a race, it must be equally easy to 'un-join' that race ...”
Alright, Prof Khoo, your turn now ...
This will be the first exercise in “Brain Gain” which UMNO is allegedly proposing, for the greater good of 1Malaysia; plus, I'll even give you a hint: (because I'm nice and assume that you actually really, really, really, don't know ....)
It's a Dark Green Hardcover Book about an inch thick; usually reserved for Academicians like yourself. So you won't find it in Popular, MPH, Wiki, Amazon or any Pasar Malam. I'm sure that Great Historians like yourself, have your own Jstor Account number.
Unfortunately, it's written in English, so UMNO people cannot possibly understand it; because, as they say it so eloquently, “...that English sounds like strange babbling ....” So be nice, Prof, and please translate it for them. And in my best Manglish, “Can translate or not? Please?”
Me? I'll take a nice stroll over to the Royal Netherlands Institute of Southeast Asian and Caribbean Studies here in Leiden, to read more on this .... I'd better put on a Jacket too, it's a little nippy today.
“Doei!!” Pronounced, 'do-we' in Dutch.
Foreign medias expect Malaysia to be embarrassed by outdated political thuggery. Dumb autocrats use the army, goon squads and guns to repress the opposition. Smart autocrats use the law courts to do it. Indonesia's Soeharto was a dumb autocrat. Singapore's Lee Kuan Yew and Malaysia's Mahathir Mohamad were smart autocrats.
The Lee-Mahathir model keeps the outward facade of a functioning democracy, with elections, a parliament and supposedly independent courts. Behind it, the systems are gutted to guarantee the ruling party remains ruling.
In Singapore, Lee's People's Action Party has been in power for 50 continuous years, the government simply sues opposition politicians for defamation. A tame court hands down ruinous damages, opponents end up in bankruptcy, jail or exile.
When a meddlesome foreigner like the deputy director for Asia of Human Rights Watch, Phil Robertson, said last month that "Singapore is the textbook example of a politically repressive state," the government just shrugged and said: "Singapore is a democratic state with a clean and transparent government."
The army is in its barracks and there are no goon squads smashing through people's front doors at 3am. It's all legit, see? The foreign investors and governments play along. So what if the ruling party holds 98 per cent of the seats in parliament? It has an elected parliament, and surely that's good enough.
Lee quit the prime ministership in 1990 and now holds a personalised cabinet post of Minister Mentor. But his system lives on. His handpicked successors as prime minister, Goh Chok Tong and now Lee's son, Lee Hsien Loong, have been every bit as smart as the old man himself in preserving the appearance of legitimacy.
In Malaysia, Mahathir was never as subtle or as smooth as Lee. But Mahathir was still a smart autocrat who kept control through his puppetry of the judicial system. The pivotal moment was in 1988 when Mahathir complained that the courts were "too independent".
He purged the chief judicial officer, the Lord President, and suspended the five chief justices of the Supreme Court. The court system has never given any further trouble to the Barisan Nasional, or National Front, ever since. Together with its predecessor, the BN has ruled Malaysia continuously for 54 years.
It's infinitely smarter to use legal instruments to purge judges than to use guns against protesters. A judicial massacre makes lousy TV. You won't see one live on CNN. So it remains hidden from international view. Yet it can be every bit as repressive. So when Mahathir faced a power struggle in 1998 with his deputy prime minister and heir apparent, the charismatic Anwar Ibrahim, he naturally turned to the courts to purge his younger rival.
In a blatantly political fix-up, he had Anwar arrested and charged with sodomy, a shocking crime in a predominantly conservative Muslim country. Even today it carries a maximum penalty of 20 years' jail. The police Special Branch concocted evidence and coerced witnesses. Anwar emerged from his police cell to appear in court with a bruised face, inflicted, it was later learnt, when the chief of police beat him.
The verdict was never in question. The courts convicted Anwar of sodomising his aide and speechwriter, Munawar Anees. The former deputy PM spent six years in jail. Munawar, now living in the US, has since said he was coerced into giving evidence against Anwar. "My detention by the Malaysian Special Branch taught me how it feels to be forcibly separated from one's wife and children," Munawar wrote in the Wall Street Journal last month.
"How it feels to be searched and seized, disallowed to make phone calls, handcuffed, blindfolded, stripped naked, endlessly interrogated, humiliated, drugged, deprived of sleep, physically abused. What it's like to be threatened, blackmailed, hectored by police lawyers, brutalised to make a totally false confession."
With Malaysia under tremendous international pressure from Anwar's admirers, including America's Al Gore and Britain's Gordon Brown, and with Mahathir retiring from the prime ministership in 2003, a review court overturned the sodomy sentence. Anwar was released in 2004.
He was allowed to return to politics in 2008 to lead the opposition to the BN. And he committed the crime of doing so with some success. In March 2008, under challenge from Anwar, the BN won a national election, but was shocked to lose its prized majority of two-third of the seats in parliament. The new BN Prime Minister, Najib Razak, reacted exactly as Mahathir had to a challenge from Anwar.
Four months after the ruling party's election setback, Anwar was once again charged with sodomy. Once again, it's a blatant political case. The newspaper The Star called the case "Sodomy II".
Why is Anwar such a threat?
"At the moment," says Carl Thayer, an expert at the University of NSW, "there is no other leader who can hold together the opposition coalition of an Islamic party with a Chinese party, who is capable of being prime minister, and who has experience and international recognition that Anwar has."
The case is a joke. It exposes the Najib government as desperate and underhanded. It makes Malaysia a subject of international ridicule. While under Mahathir this form of legal manipulation might have been smart autocracy, in today's world it just looks like Malaysia is playing silly buggers with its national future.
Author: PETER HARTCHER, SMH.
3 Muslim women were caned for having illicit sex, the first in such punishment under Syariah law. Hishammuddin Hussein said is no hidden agenda and the government is merely executing their responsibility. And what happen to the male accomplices? Is it only the women get caned for their sins?
Three Muslim women were caned last Tuesday for engaging in illicit sex, said Home Minister Datuk Seri Hishammuddin Hussein.
They were the first women in Malaysia to receive such punishment under syariah law.
Two of them where whipped six times and the third was given four strokes of the rotan at Kajang Prison.
The issue of caning of women has ignited a fierce debate in the country after 32-year-old Kartika Sari Dewi Shukarno was sentenced to be caned for drinking beer in July last year.
The sentence against her has yet to be executed.
Hishammuddin said he decided to bring to public attention the punishment meted to the three women because there had been “too much hype” over Kartika’s sentence.
“People are saying that no woman has been caned before and that Kartika should not be caned.
“Today I am announcing that we have already done it. There is no hidden agenda, we are merely executing our responsibility,” he told a press conference at his office yesterday.
Hishammuddin said all three women did not suffer any cuts or bruises following the caning but had confessed that the punishment had left a deep impact on them.
“They have all repented. They are also hoping that others will not go against the teachings of the religion,” he said, adding that the sentence was meted out according to Islamic rules.
The three women were found guilty of committing illicit sex by the Federal Territory Syariah High Court, which issued the caning order between December last year and last month.
Hishammuddin said one of the women was released on Sunday after spending a month in prison and another was expected to be released over the next few days.
The third woman is currently serving her jail term and would be released in June.
He said the Prisons Department had consulted experts from the Islamic Development Department (Jakim), the Syariah Department and the Attorney-General’s Chambers before carrying out the sentence.
He said the ministry agreed on the procedure for the caning of Muslim women offenders for syariah offences on Dec 4.
They include thorough checks before and after the caning, ensuring that the women were not pregnant and were appropriately dressed according to the Islamic dress code.
He said 13 people, including officials from Jakim, the Syariah Court and the A-G’s Chambers, were present during the procedure.
“I hope there will be no more issues arising from the caning sentence which can be imposed by the Syariah Court on Muslim women to protect the sanctity of Islam,” he added.
“The punishment is aimed at getting the offenders to repent and seek Allah’s forgiveness. It is also meant to educate Muslims to follow the teachings of Islam.”
Anwar defence team claimed judge lied. Lead defence counsel Karpal Singh accused the judge presiding over the Datuk Seri Anwar Ibrahim sodomy trial of being a liar. Karpal on Wednesday argued that trial judge Justice Mohamad Zabidin Mohd Diah was lying when he said that evidence in relation to a bed in the Desa Damansara condominium had been given in open court.
The judge had said last Friday that he did not find any indication of contempt of court in a photograph showing Anwar’s accuser Mohd Saiful Bukhari Azlan pointing to a bed that was published in a Malay daily.
Karpal is asking Justice Mohamad Zabidin to recuse himself for not cautioning or citing the newspaper for contempt for publishing the photograph.
The defence maintains that the visit to the bedroom and condominium was part of proceedings held behind closed doors.
“There is nothing in the notes of proceedings or audio before this court to show that this detail was ever mentioned in open court.
“With much respect, your lordship did not tell the truth. We translate, you are lying. You lied and it can and has been proven that you are not being honest in court. You can’t be impartial and you can’t be unbiased.
“On those grounds, you have no alternative but to step down. It is not a mere perception but a reality. You stand condemned by your own ruling,” Karpal submitted in the recusal application before a packed courtroom Wednesday.
Anwar had on Monday applied to recuse the trial judge on the grounds that his two rulings concerning news reports of the case had raised an element of bias.
The Opposition leader, 63, claimed trial to sodomising his former aide, Mohd Saiful, 24, at the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, here between 3.01pm and 4.30pm on June 26, 2008.
Karpal said: “In this application, what is fundamental, I say without mincing my words, you are guilty of not having stated of what is the truth.”
“It is not the truth and it is a lie,” he said firmly, shocking the courtroom.
He said his role was to defend his client to the best of his ability, adding that justice must “manifestly, expressedly and undoubtedly” be seen to be done.
“It is no point blaming the foreign press for (writing about) our legal system if a judge does not deliver what is expected of him in a trial. The judiciary of this country must redeem itself in the eyes of international (observers),” he said.
He said there was no blanket immunity for judges.
“You have forfeited the right to sit down on that chair and proceed to hear the trial,” he said, stunning everyone in court.
On the trial judge dismissing his application summarily and ruling that the two articles with allegedly misleading headlines published by Utusan did not have the intention of being mischievous or to disrupt proceedings, Karpal said the judge could not come to such a conclusion on behalf of the newspaper.
Citing the Judges Code of Conduct 2009, enforced on July 1 last year, Karpal said the judge could also be subjected to disciplinary proceedings if he was found to have contravened the ethical requirement to perform his judicial duty without bias.
Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden, however, submitted that no one should carelessly argue about impartiality of a judge.
DPP Mohd Yusof said the concerned party should prove that a judge had a pecuniary interest in order to disqualify him from further hearing the trial.
“The real danger of bias has to be examined in the context of the complaint. There is real danger of bias when the public concludes your lordship will be unfair to the parties by not deciding based on evidence adduced in court, or your lordship decides on erroneous grounds,” he said in asking the court to dismiss the disqualification application.
On the photograph caption, DPP Mohd Yusof said it only referred to a room where the offence allegedly took place and that there was no dispute that the complainant went there.
“To say your lordship lied is a very strong word. You (lawyers) have to be polite. Certain ethics must be preserved,” he said.
On the contention that there were two misleading headlines in Utusan over the sodomy trial, DPP Mohd Yusof said it was “proven” through the notes of proceedings that the concerned reporter had reported the truth and that the defence owed an apology.
Justice Mohamad Zabidin set Feb 18 to deliver his decision on the recusal application, saying that he needed time to study the submissions and case law provided by both parties.
Blow-by-blow account of today's proceedings:
11.25am: Court is adjourned. Justice Mohamad Zabidin will deliver his decision on recusal application on Feb 18.
11.12am: Justice Mohamad Zabidin said he is unable to decide today. Court stands down as judge wants to see both parties in chambers to discuss on a date to deliver a decision on recusal application.
11.01am: Karpal begins responding. “If you are referring to a room, why are you pointing to a bed?” he questioned.
11.00am: Mohd Yusof describes the Utusan Malaysia "blunder" as remeh (frivolous) and expresses hope that the application to recuse the judge will be dismissed.
10.39am: He said the caption for the photograph, “Menunjukkan katil di mana tempat kejadian berlaku” does not mean alleged sodomy took place on the bed. He added that the caption meant to refer to the master bedroom where the alleged incident happened and not the bed.
10.37am: He said the Utusan Malaysia “blunder” was not committed in court and subsequently, the judge not responding to it, was not an outright dismissal. He added that it was erroneous to give an impression to the public that the judge had dismissed the motion. Quoting from the court transcript, Mohd Yusof said: “Apa sebab sebab kamu berhenti kerja?” “Sebab sebenar, saya tidak mahu diliwat lagi.”
10.20am: Mohd Yusof said reasons to disqualify the judge must come from the trial itself and not over minor things like newspaper reports adding that the complaint against Utusan Malaysia is not an issue.
He said a decision, which is adverse to one party, is not grounds to disqualify the judge. He added earlier that personal bias is when there is personal friendshp or animosity by the judge with anyone involved in the case.
“That is not the case here,” he said.
10.10am: Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden starts addressing the court.
10.05am: Karpal said complaints in Anwar’s affidavit is over a photograph which appeared on the frontpage of Utusan Malaysia and was captioned as Mohd Saiful pointing out to the judge the bed where he was sodomised.
Karpal added there was nothing in the proceedings which mentioned “bed” as a detail during the trial.
He added that Justice Mohamad Zabidin needed to step down as he was quoted as saying that the details of the bed had been made in open court when the actual proceedings never mentioned anything about a bed.
He also questioned Justice Mohamad Zabidin’s conclusion that the Malay daily was not attacking Anwar with its headline: “Berhenti kerana tak mahu diliwat lagi”.
9.55am: In addressing Justice Mohamad Zabidin, Karpal said that impartiality must exist when presiding over a case and a judge must be honest and beyond suspicion. "Judges have the fundamental duty to be impartial, regardless of race, religion and ethnicity," he said.
9.45am: Karpal said the prosecution has replied to Anwar’s application to recuse the judge Justice Mohamad Zabidin Mohd Diah from presiding over the trial, which in turn has been replied by the defence on Wednesday.
“Let us not waste time with the proceedings. We want to go ahead,” he tells the court.
9.40am: Court is in session.
9.21am: Anwar Ibrahim’s lead counsel Karpal Singh arrives at court. Earlier, the courtroom was slowly filling up as police checked those who wanted to enter.
Recommended reading:
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 5
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 4
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 3
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 2
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 1
The High Court adjourned Opposition leader Datuk Seri Anwar Ibrahim’s sodomy trial to Wednesday (after the Chinese New Year) to hear submissions on Anwar’s application to disqualify the trial judge on grounds of bias.
The case was adjourned less than 10 minutes after it was called to allow Anwar’s lead counsel, Karpal Singh, time to file an affidavit-in-reply to an affidavit filed by the prosecution on Monday on the matter.
“There were certain denials by my learned friend (Solicitor-General II Datuk Mohd Yusof Zainal Abiden) on the accuracy of facts.
“They are not accepting the position we are putting forth, and we have to reply to it,” Karpal told the court Tuesday.
He added that the affidavit would be filed this afternoon after getting the transcripts on the court proceedings.
On Monday, Anwar applied to have the trial judge Justice Mohamad Zabidin Mohd Diah disqualified from hearing the trial on grounds that his two rulings concerning Malay daily Utusan Malaysia’s news reports on the case raised an element of bias.
In their affidavit-in-reply, the prosecution, led by Mohd Yusof, said that before the Utusan Malaysia reporter could be cited for contempt, the court had to first decide on whether the newspaper reports were written maliciously, and whether it had interfered with the administration of justice and undermined a fair trial.
The matter was to have been heard Tuesday.
On a related matter, Mohd Yusof also voiced his concern that no affidavit should be made available to the press if it had not been presented in court as it could contain “scandalous matters which parties can apply to strike out”.
Karpal, however, cited a Federal Court ruling that any affidavit that had been filed in court was considered a public document, and therefore, could be published by the press.
Justice Mohd Zabidin then said that dissatisfied parties could always take legal action against the press, and also cautioned the press against inaccurate reporting, saying that while he had no intention to encroach on press freedom, members of the media would have to face the music if they reported inaccurately.
“I believe in freedom of the press, but it does not include inaccurate reporting,” he said.
Anwar, 63, has claimed trial to sodomising his former personal aide Mohd Saiful Bukhari Azlan, 24, at the Desa Damansara Condominium in Bukit Damansara on June 26, 2008.
He is charged under Section 377B of the Penal Code and could be sentenced up to 20 years and whipping upon conviction.
Recommended reading:
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 4
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 3
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 2
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 1
Opposition leader Datuk Seri Anwar Ibrahim applied to recuse the judge in his sodomy trial on the grounds that his two rulings in relation to media coverage of the trial brought “to surface an element of a real danger of bias.”. Basically, the Anwar team is trying to get judge disqualified.
Anwar, 63, made his application to recuse trial judge Justice Mohamad Zabidin Mohd Diah through his lead counsel Karpal Singh at 9.58am in open court Monday.
Karpal said Anwar wants to disqualify the trial judge and that the sodomy trial should not proceed until the disposal of the PKR adviser’s application for recusal.
“This is a serious matter. We will be here tommorrow (Tuesday) for the hearing of the application for the judge to recuse himself,” he said.
However, lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden urged the court to proceed with the sodomy trial, saying that he needed to file an affidavit-in-reply to the disqualification application.
Upon hearing the submissions by both parties, Justice Mohamad Zabidin set 9.30am Tuesday to hear the application that he ought to recuse himself from further hearing the sodomy trial.
Justice Mohamad Zabidin said he would allow for some time in order for DPP Mohd Yusof to file an affidavit-in-reply to the disqualification application.
Anwar’s lawyer Sankara Nair said he had filed the application at the High Court criminal court registry at 9am on Monday.
Speaking to reporters later, Karpal said Anwar was worried that he would not get a fair trial due to previous rulings of the trial judge.
“If the trial judge has cautioned the newspaper, at least it will different. He should have sent a signal that he will not tolerate any interference by the media. His decisions cannot be supported,” he said.
Karpal said the defence team was not running away from the sodomy trial.
“It is not a delaying tactic. We want to proceed with the sodomy trial. We (just) want this (matter) to be clear,” he said.
In elaborating, Karpal said the trial judge’s ruling over the disqualification application would not be appealable as it were made in the course of the trial.
“It is not a final order as it does not finally dispose the rights of the (concerned) party (Anwar). It is not a conviction or an acquittal order (meted out by the High Court),” he said.
In an affidavit filed to support his application Monday, Anwar said Karpal had applied to court on Feb 4 to cite Utusan Malaysia for contempt of court over two articles published by the newspaper over Feb 3’s open court proceedings with allegedly misleading headlines.
Anwar claimed that the two headlines were “TAK RELA DILIWAT LAGI” (Not willing to be sodomised again) appeared on the front page of the Feb 4 Utusan report while “BERHENTI KERANA TIDAK MAHU DILIWAT LAGI” (Resigned because did not want to be sodomised again) was published on the third page of the newspaper.
Anwar claimed that the trial judge had dismissed his counsel’s application summarily on the ground that the said reports were not carried with the intention of being mischievous and to disrupt the trial proceedings.
In his papers, Anwar said the Malay daily had once again on Feb 5 carried on its front page a photograph with a caption saying that complainant Mohd Saiful Bukhari Azlan showing a bed to the trial judge where he was allegedly sodomised by him at the master bedroom in a condominium unit during his (judge) visit at Desa Damansara Condominium in Bukit Damansara.
Anwar claimed that his counsel had urged the trial judge to caution Utusan for having carried the photograph, saying that it was misleading and it was in relation to closed proceedings.
Anwar said the trial judge had declined to caution Utusan and that to his disbelief had ruled that the publication of the picture as evidence regarding the bed had been given in open court the previous day.
“This pronouncement by the learned judge is not borne out by what actually transpired in open court, not in the notes of proceedings, both written and audio,” he said.
In his affidavit, Anwar also said the rulings by the trial judge brought to surface an element of real danger of bias.
“I respectfully state as a result of the rulings made by the trial judge, there has been a departure from the standard of even-handed justice which the law requires.
“With respect, the learned trial judge has not adjudicated upon the applications made by my counsel with an independent mind,” he said.
He said he was entitled for a fair trial pursuant to provisions of Article 5(1) of the Federal Constitution.
Monday’s proceedings were expected to kick off with the much awaited cross-examination of Mohd Saiful, Anwar’s accuser and the only witness to have taken the stand so far.
Last week, Mohd Saiful testified that the PKR adviser had tried to come on to him.
He also claimed that he had idolised Anwar as a child and was interested in working for him because he was a charismatic leader.
Mohd Saiful said his friend Rahimi Osman had called him in early March to come to his office – Anwar’s office – in Section 16, Petaling Jaya, for a chit-chat.
“At that time, he asked me if I was employed or had any work. When I told him that I was not doing anything, he asked me if I wanted to be Anwar’s assistant as he claimed they were facing a shortage of staff,” he said.
On his move to resign from his job, Mohd Saiful said he had sent an e-mail to Anwar on June 27.
“After a few hours, Anwar called and scolded me. He asked me to meet him at his office in Section 16. I was scared but I went to see him as asked,” he said.
Mohd Saiful said he told Anwar his reasons – he was not disciplined and had always come to work late, and he was less qualified than other staff.
However, he said the real reason he resigned was that, “I was not willing to be treated in such a manner any more.”
“He asked me to be more disciplined and made a counter-offer that he wished to sponsor my studies and that I could still enjoy my full salary and allowances,” he said.
He said he was afraid to reject the offer in front of him and agreed to it. He said Anwar sent him an e-mail several hours later stating: “Thank you for being willing to continue your service.”
Mohd Saiful also claimed that he did not pass motion for two days after he was allegedly sodomised.
The prosecution had earlier said that it intends to prove that semen samples taken from the witness’ anus belonged to Anwar.
Anwar, 63, has claimed trial to sodomising his former personal aide at the Desa Damansara Condominium in Bukit Damansara on June 26, 2008.
He is charged under Section 377B of the Penal Code and could be sentenced up to 20 years and whipping upon conviction.
Earlier updates:
9.58am: Case called. Lead counsel for Datuk Seri Anwar Ibrahim, Karpal Singh, applies to recuse High Court judge Justice Mohamad Zabidin Mohd Diah.
9.50am: Datuk Seri Anwar Ibrahim signs an autograph on a book for Lawasia queen counsel Mark Trowell.
9.43am: Datuk Seri Anwar Ibrahim’s eldest daughter and Lembah Pantai MP Nurul Izzah Anwar arrives.
9.31am: PKR vice-president Azmin Ali arrives.
Already in court are PKR strategic director Tian Chua, and Anwar’s lawyers Sankara Nair and Datuk Param Cumaraswamy. Lead counsel Karpal Singh is not here yet.
9.20am: Former MCA vice-president Datuk Chua Jui Meng, now a PKR member, arrives.
9.14am: Datuk Seri Anwar Ibrahim arrives at the court complex with his wife PKR president Datuk Seri Dr Wan Azizah Wan Ismail and two daughters. The trial is expected to begin at 9.30am.
Also in court are PKR deputy president Dr Syed Husin Ali and secretary-general Saifuddin Nasution Ismail.
8.44am: Media and members of the public allowed to enter the court in stages. Each person is screened with metal detectors and their bags thoroughly checked.
8.21am: Three small police trucks and one van filled with personnel are parked near the court complex, believed to be in preparation for any protests that might take place today. A protest march did not take place last Friday as planned.
6.30am: Reporters and members of the public gather to attend the trial, finally issued their passes at about 7.30am, after which they queue up to get into Criminal Court 3 of the KL High Court complex.
Recommended reading:
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 3
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 2
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 1
The third day of Datuk Seri Anwar Ibrahim’s sodomy trial saw his accuser Mohd Saiful Bukhari Azlan, who campaigned for Barisan Nasional in the 12th general election in 2008, saying that he had idolised the Opposition leader.
Mohd Saiful said he decided to work for Anwar as a personal aide because he had idolised him as a child since he was a charismatic leader.
When he wanted to resign this post, Anwar tried to convince him to stay on by offering to sponsor his education, Mohd Saiful told the High Court here on Friday.
“At that time I did not object to the offer. Then after the meeting (with Anwar) several hours later, he sent me an e-mail, saying, ‘Thank you for agreeing to continue (your) service’,” he said.
Earlier, he told the court that he did not pass motion for two days after the alleged sodomy incident on June 26, 2008.
Mohd Saiful, 24, said this upon questioning by lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden, who had wanted to know whether he had passed motion between the incident and when he was examined by the KL Hospital doctor.
Anwar, 63, has claimed trial to sodomising his former personal aide at the Desa Damansara Condominium in Bukit Damansara on June 26, 2008.
He is charged under Section 377B of the Penal Code and could be sentenced up to 20 years and whipping upon conviction.
To another question by DPP Mohd Yusof, Mohd Saiful said he informed the Hospital Pusrawi doctor that he had pains in his stomach and anus upon being queried by him.
He had gone to Pusrawi before he was finally directed to the KL Hospital.
The Pusrawi doctor wanted to insert something into his anus during the examination, Mohd Saiful said, so he decided to be frank with him and confessed to the alleged sodomy. The doctor stopped the examination when told this.
Mohd Saiful said the doctor also did not reveal any results of his examination during the period.
At the outset of the court proceedings Friday, Mohd Saiful identified 11 samples taken from him, among them swabs taken from below his tongue, his nipples, body, perianal region, private parts, as well as high and low rectal swabs, and blood for DNA profiling.
When these samples, sealed in containers, were checked by the defence team, there were whispers and laughter from the public gallery.
Questioned by DPP Mohd Yusof, Mohd Saiful said his name was stated on each envelope used to keep the containers.
When his blood samples were identified, Mohd Saiful kept looking at those seated, including the family members of the Opposition leader, in the public gallery.
When questioned, Mohd Saiful said photographs of his body, face, private parts, back and legs were also taken when examinations were conducted on him.
He said he had handed over his branded long-sleeved blue shirt which he wore on the day of alleged sodomy incident and KY Jelly lubricant to an investigating officer at the KL Hospital on June 29, 2008.
He said he immediately signed a form when he delivered those items that day.
He said he had also later given a long-sleeved green shirt which he had used when lodging the police report, a pair of black slacks which he wore on the day of incident, and two sets of underwear to the police in the course of their investigation.
When asked by DPP Mohd Yusof, he said the black slacks were a gift from Anwar.
Later Friday, the trial judge, the prosecution and the defence revisited the Desa Damansara condominium where the alleged sodomy took place. Among those who visited the Unit 11-5-1 of the condominium were Justice Datuk Mohamad Zabidin Mohd Diah, Anwar and Mohd Saiful.
They were there at noon and left about 50 minutes later.
It was the second visit to the condominium following a request by the defence. The parties in the trial visited the same place Thursday.
The trial has been adjourned to 9.30am Monday, when Mohd Saiful will be cross-examined.
Blow-by-blow account of today's proceedings:
3.20pm: PKR strategic director Tian Chua says Datuk Seri Anwar Ibrahim supporters will hold a gathering every day, starting next Monday, throughout the proceedings. He tells a press conference that the gatherings are to show support for the embattled Opposition leader and to “fight for justice.”
Meanwhile Sentul OCPD Asst Comm Zakaria Pagan says the police are ever ready to handle illegal gatherings and will take stern action against them.
3.15pm: Heavy rain outside court complex, FRU trucks leave the area. Court has been adjourned to 9.30am next Monday, and will kick off with the defence team’s cross-examination of accuser Mohd Saiful.
2.37pm: No protest march by Anwar’s supporters after Friday prayers from Masjid Wilayah. PKR strategic director Tian Chua instead gives a short speech, and leaflets are distributed. Tian Chua says the march has been cancelled since the trial has been adjourned to next Monday. Hundreds had gathered by about 2.24pm to listen to Tian Chua’s speech; they dispersed at about 2.33pm.
12.50pm: Judge, Saiful, police forensics personnel, Anwar and his lawyers leave Desa Damansara Condo. When approached by the media, Anwar says he is already late for Friday prayers.
12.09pm: Anwar and his lawyers arrive at the condominium
12noon: Trial judge and prosecution team arrive at Desa Damansara Condominium for second visit. No sign of Anwar yet.
11.15am: Court adjourns for second visit to the Desa Damansara Condominium.
11.10am: Trial judge rules that he did not see any contempt in front page picture of the Utusan Malaysia featuring Saiful pointing at a bed in the master bedroom of an apartment unit in Desa Damansara Condominium where the alleged act of sodomy took place.
11.00am: Saiful said he decided to work for Anwar as a personal aide because he idolised Anwar as a child and because Anwar is a charismatic leader. He added that Anwar counter offered him to sponsor his education when he wanted to resign his job.
10.55am: Saiful confirms a CCTV recording showed by the prosecution of him entering and leaving the condominium on the day of the incident
10.55am: Reporters and photographers camp out at Desa Damansara Condominium in preparation for another court visit. Police presence there is also heavy.
10.54am: Saiful said he had not passed motion for two days since the alleged incident when questioned by lead prosecutor Datuk Mohd Yusof Zainal Abiden.
10.50am: Saiful tells court that he revealed "everything" to a Pusrawi Hospital doctor when he was examined.
10.45am: Saiful says Anwar gave him the black slacks as a gift
10.40am: Saiful says among items given to the police were two pairs or black and grey underwear, a green G2000 shirt, a black slacks and a tube of KY lubricant
10.10am: FRU and police trucks with a water cannon arrive at court ahead of a planned protest march by Anwar's supporters after Friday prayers at 2pm from Masjid Wilayah.
9.45am: Trial starts with accuser Saiful Bukhari verifying oral swabs in a container that was taken from him. Among the swabs taken are from under his tongue, body, private part, high rectal and blood for DNA profiling.
9.43am: Anwar’s other daughters arrive. Things are a little quiet with no supporters around. Despite that there is still heavy police presence.
9.38am: Lead defence counsel Karpal Singh arrives with son Gobind Singh Deo.
9.28am: Anwar Ibrahim arrives with his wife and one of his daughters.
Recommended reading:
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 2
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 1
The sodomy trial of Datuk Seri Anwar Ibrahim entered its second day with Mohd Saiful Bukhari Azlan continuing his testimony in-camera at the request of Anwar’s lawyers. The proceedings stood down after the closed session for the trial judge to visit the condominium apartment where the alleged offence took place.
Hearing resumed in open court at 2.45pm with Anwar’s lead counsel Karpal Singh making an application to cite Malay daily Utusan Malaysia for contempt over the newspaper’s front page coverage of the case.
This was turned down.
Earlier, Anwar arrived at the court room at 10.02am and the hearing started at 10.30am.
Ramkarpal Singh Deo, who is among Anwar’s lawyers, said Mohd Saiful was still under examination-in-chief by Solicitor-General II Datuk Mohd Yusof Zainal Abiden.
The one-time Anwar special aide was the first witness to take the stand when the trial opened before High Court Judge Datuk Mohamad Zabidin Mohd Diah inside a packed court Thursday.
The in-camera session lasted for 30 minutes, after which the trial judge, prosecution and defence, including Anwar, left at 11.43am to visit the condominium where the alleged offence took place.
Mohd Saiful, accompanied by his lawyer Zamri Idrus, also joined them.
The 63-year-old PKR adviser and Member of Parliament for Permatang Pauh is charged with sodomising Mohd Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.
He is charged under Section 377B of the Penal Code and can be sentenced to a maximum of 20 years in jail and whipping upon conviction. The trial takes place 18 months after Anwar was charged in court in August 2008.
Anwar’s lead counsel Karpal Singh had asked for Mohd Saiful’s testimony to be heard in-camera when the latter, under the prosecution’s examination-in-chief, was describing what happened in the condominium that day.
Mohd Saiful, 24, told the court that Anwar had asked him for sex at the condominium after he went there to hand over documents to Anwar and discuss their work schedule.
In his testimony, he said he had worked for Anwar for four months, from early March 2008 to June 28 of the same year, and stopped being Anwar’s special aide because he did not want to be sodomised by Anwar any more. -- Bernama
Blow-by-blow account of today's proceedings:
4.30pm: Case adjourned to 9.30am tomorrow.
4pm: CCTV recording display marred by computer crashes, but accuser Mohd Saiful identifies himself entering the lift.
In continuing his testimony, Mohd Saiful says that two days after the alleged sodomy, he had gone to two private hospitals before going to the KL Hospital. He was advised to do so because, having claimed to have been raped, he was told that reports from private hospitals cannot be used in a court of law.
3.50pm: Prosecution starts playing CCTV video recording taken at the entrance of condo on June 26, 2008.
3.33pm: Trial resumes. Court decides not to cite Utusan Malaysia for contempt. Saiful resumes his testimony.
3.15pm: Court adjourns for 5mins while trial judge considers Karpal Singh’s application to cite Utusan Malaysia for contempt of court.
3pm: Karpal Singh brings Utusan Malaysia and says its articles today are tantamount to contempt of court. He says the coverage is mischievous and false with inaccurate and misleading facts. He cites as examples two headings.
The prosecution argues that inaccurate reports do not warrant action unless they were done maliciously.
2.54pm: The trial resumes.
2.42pm: Anwar Ibrahim’s lead counsel Karpal Singh arrives in court.
2.36pm: Datuk Seri Anwar Ibrahim’s daughter, Lembah Pantai MP Nurul Izzah Anwar, arrives in court with two of her sisters.
2.30pm: Another unidentified man confronts a police officer and the situation gets slightly tense. The officer walks away, but the man is heard saying: “I’m not afraid of getting arrested. I’ve been arrested many times.”
2.23pm: Opposition leader Datuk Seri Anwar Ibrahim and wife Datuk Seri Dr Wan Azizah Ismail arrive at court, accompanied by their daughter Nurul Nuha. Supporters chant “Reformasi.”
An unidentified man starts chatting with reporters outside of the court lobby. He distributes some leaflets. He claims nobody is “sponsoring” him to speak in public like this and he is only seeking justice for Mohd Saiful Bukhari.
2.20pm: Reporters allowed into the court; trial to continue in open court.
1.30pm: It is believed that during the court’s visit to the condominium, the accused Mohd Saiful Bukhari had re-enacted and demonstrated to the trial judge how the alleged sodomy took place. He had done this at the request of Datuk Seri Anwar Ibrahim’s lead counsel Karpal Singh.
12.59pm: Anwar, his lead counsel Karpal Singh and trial judge Justice Mohamad Zabidin Mohd Diah leave condominium. Trial to resume at 2.30pm.
12.20pm: The press is barred from entering the condominium. Several women from the PKR heckle Saiful there.
11.59am: The convoy reaches the Desa Damansara Condominium where the alleged sodomy took place. Anwar, his wife Datuk Seri Dr Wan Azizah Wan Ismail and Saiful reach there a few minutes later.
11.49am: The convoy, comprising of 15 cars and two vans, leaves the Jalan Duta Court Complex for the condominium.
11.00am: The sodomy trial held in-camera which actually started at 10.30am is now over.
All parties including the trial judge and both the defence and prosecution teams will visit the Desa Damansara Condominium where the alleged sodomy of Saiful took place.
Deputy head of prosecution (policy) Datuk Nordin Hassan, who confirmed that the in-camera proceedings are over, adds that Solicitor-General Datuk Mohd Yusof Zainal Abiden applied for all parties to visit the condominium in Bukit Damansara.
Recommended reading:
* Saiful Bukhari Azlan vs Anwar Ibrahim sodomy trial - Day 1
The second sodomy trial of Datuk Seri Anwar Ibrahim saw the same level of lurid details surfacing as they did in his first about 12 years ago as his accuser Mohd Saiful Bukhari Azlan took the stand as the first witness. Day 1 of the Sodomy II Trial begins with 'indecent proposal'.
Mohd Saiful, 24, who was Anwar’s personal aide at the time in question on June 26 2008. said he was invited to a Desa Damansara condominium here where he handed over some documents to the Opposition leader, who then said, “Can I f--- you?”
Mohd Saiful claimed he was angry and scared upon hearing the question from Anwar, who is also PKR adviser and Pematang Pauh MP.
“I rejected his request. I told him that I did not want to do it,” he said.
He said Anwar then responded in an angry tone, “What?”
“I repeated my words. I was not willing to do it. He was angry. At that time I was afraid,” Mohd Saiful said on Wednesday, the first day of the trial.
He said Anwar immediately directed him to go to the master bedroom.
“I went to the room. Shortly after, Anwar entered the room and went straight to the edge to close the curtain there,” the eldest of two siblings said.
Mohd Saiful, who did not complete his degree in electrical power engineering at Universiti Tenaga Nasional, said he just stood there while Anwar went on to switch off the lights.
Asked if the room was dark, he said there was still light from the washroom and in between the curtain.
“Anwar asked me to clean up in the washroom. I removed my clothes and cleaned my body but did not have a shower. I took a towel from the washroom and used it. I hung my clothes on the knob of the closet,” he said.
Anwar stood at the edge of the bed.
“He was clad in a towel and directed me to go to him and then hugged me while we were standing,” he said.
At that point, Anwar’s lead counsel Karpal Singh asked the court to allow the proceedings to be held in camera (closed proceedings).
Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden however said it was up to the court to decide on the matter in the interest of justice.
High Court judge Justice Mohamad Zabidin Mohd Diah ordered the proceedings adjourned until 9.30am Thursday and to be held in camera.
In 1998, Anwar was convicted and jailed for 15 years on charges of abuse of power and sodomy. The sodomy verdict was overturned in 2004.
Tight security
At the outset of proceedings on Wednesday, the first prosecution witness testified that it all started with Anwar asking him to meet him at the Desa Damansara condominium on that day.
Questioned by DPP Mohd Yusof, Mohd Saiful said that Anwar asked him at his office in Section 16, Petaling Jaya on June 26 morning to meet up with him at the condominium that day.
He said the Opposition leader asked him to go to the condominium to discuss his meeting with a professor at the same condominium and also to discuss his working schedule.
He said Anwar asked him to be at the condominium at 2.15pm that day.
He said he had been to the condominium many times and had been informed by the PKR adviser that the condominium unit belonged to one “Hasanuddin.”
Upon reaching the condominium in a van at 2.45pm that day, Mohd Saiful said he was queried by a security guard at the guardhouse over his visit, but he just replied “Mokhtar.”
Asked on why he used “Mokhtar” as a password to enter the condominium, he said he was told to do so by a worker there before.
He said he parked the van at the visitors’ parking lot and took a lift to basement two.
He said he had to pass by a door to go to a block where there was a specific intercom where a person would answer to allow access to the condominium unit.
Upon saying the keyword “Mokhtar” he was allowed access that day.
“I went to the fifth floor and come across a man who smiled at me,” he said.
He said he went to the unlocked condominium unit and placed his shoes on the left side of the door.
“I saw Anwar sitting at a dining table,” he said.
He said he brought some documents, kept in a black file, which was given to him by a staff member to be delivered to the Permatang Pauh MP.
“I gave him the documents. We discussed the working schedule. Then Anwar asked me a question in English. ‘Can I f*** you today?’ “ Mohd Saiful, who was clad in blue coat, said after bowing his head and taking some time to reply to the question by the lead prosecutor.
On his working background, Mohd Saiful said he was invited by his friend Rahimi Osman in early March 2008 to work with the PKR leader.
He said he was needed as a volunteer to handle, among other duties, an election campaign and motivational talks.
He said Anwar appointed him his personal aide at the end of April that year, and his duties included arranging confidential meetings, filing documents and sorting his SMSes.
He said he was paid RM1,000 a month as official salary but received allowances during overseas trips, such as US$1,000 for Singapore.
After the day in question, Mohd Saiful said he later sent an email to Anwar using his Blackberry to express his desire to resign from the job, citing two reasons.
“I said that I was not disciplined enough and often came to work late and he (Anwar) always scolded me. The second reason was that I was given my own room at the PKR office, which caused me some distress as I was less qualified compared with other staff.
“I told him that as long as I was his personal aide, it would be an issue for him as I was less qualified.
“The real reason (I quit) was that I was not willing to be treated as per stated in the charge,” he added.
Earlier, the judge also allowed an application by Karpal to expunge a part in the first information report lodged by Mohd Saiful over the word “last time,” which would imply that the complainant was sodomised by Anwar many times.
In his ruling, Justice Mohamad Zabidin said he agreed with the submission by Karpal and co-counsel Datuk C.V. Prabakaran that the word would imply that there were many such incidents on the same day.
Karpal argued that the word would show evidence of bad character on the part of his client when the prosecution had only framed a sodomy charge against Anwar.
“You are the judge and jury of the trial. Any document which is prejudicial evidence that ought to be expunged, you should decide. We do not need case law but common sense. It is permissible under the law,” he said.
Prabakaran argued that the word was prejudicial to Anwar as it implicated there were previous similar offences or actions before.
DPP Mohd Yusof said the court should consider the fact that the allegation or report was for the police to investigate and the prosecution had only framed a charge against him.
’We will prove it’
Earlier, the prosecution, in its opening statement, said they would prove that the semen specimens taken from Mohd Saiful’s anus belonged to Anwar, as confirmed by the Chemistry Department.
The prosecution also said they would establish the sodomy charge against Anwar “beyond reasonable doubt,” through direct evidence from Mohd Saiful and forensic testimony from doctors and chemists.
Apart from these, they also said that circumstantial and documentary evidence would also be tendered.
Mohd Yusof, who read the opening statement, said Anwar was charged under Section 377B of the Penal Code for having carnal intercourse against the order of nature with Mohd Saiful on June 26, 2008, between 3.01pm and 4.30pm at the Desa Damansara Condominium.
Mohd Yusof said that on June 26, 2008, at about 10.30am, Anwar had in in his office, asked Mohd Saiful, who was then his special aide, to go to the Desa Damansara Condominium at 2.30pm the same day.
“At 1.45pm that day, Mohd Saiful had left his office for the condominium and arrived there at about 3pm.
“At the condominium, Mohd Saiful entered Unit 11-5-1 on the fifth floor. When he entered the unit, he saw the accused sitting at the dining table alone,” Mohd Yusof said.
He further said that it was at this unit that Mohd Saiful had been sodomised by the accused. The complainant left the condominium unit at about 4pm.
The statement further said Mohd Saiful had lodged a police report on June 28 over the sodomy incident that had occurred at the Desa Damansara Condominiumon June 26, 2008.
On the same day (June 28), Mohd Saiful had gone for a medical examination at the KL Hospital.
Mohd Yusof also told the court that Mohd Saiful’s tissue samples had been taken by the doctor who examined him for DNA testing.
Review application
Earlier in Putrajaya, both parties met Court of Appeal president Justice Alauddin Mohd Sheriff at his chambers to get an early date for the review application by Anwar over the Federal Court ruling which refuse him access to key documents.
The defence team comprised lead counsel Karpal, Sankara Nair, Datuk Param Cumaraswamy and Prabakaran.
The prosecution team comprised Mohd Yusof, deputy head of prosecution division (policy) DPP Datuk Nordin Hassan and DPP Wong Chiang Kiat.
They met for about 50 minutes.
Speaking to reporters at the court lobby later, Karpal said Justice Alauddin told them that he would get a date for the hearing of review application by the end of this week.
“I pressed for tomorrow (the hearing of review application) but Justice Alauddin said he will try his best to get the date by end of this week,” said Karpal.
Asked by reporters, he said the defence team was trying their “level best” to get documents for the preparation of Anwar’s defence.
“It is important to get the documents to plan our strategy,” he said.
Karpal added he would file a stay application by way of notice of motion at the Court of Appeal by tomorrow to stay the proceedings at the High Court.
The stay application is pending the disposal of an appeal by Anwar at the Court of Appeal on his failure to strike out his sodomy charge at the High Court.
Blow-by-blow account of today’s proceedings:
5.15pm: Court adjourns to 9.30am tomorrow, proceedings will be in-camera due to sensitivity of the testimony.
Earlier in his testimony, Mohd Saiful Bukhari says he was instructed to go to the Desa Damansara condominium at 2.30pm on the day in question to discuss working arrangements with Anwar. He claims that when he handed some documents to Anwar, the latter said, “Can I f--- you?”
4.34pm: Datuk Seri Anwar Ibrahim’s daughter and Lembah Pantai MP Nurul Izzah Anwar leaves the court complex.
PKR strategic director Tian Chua briefs and gives pep talk to PKR supporters about the trial.
4.25pm: More than 20 PKR supporters carrying banners and signs protest against the trial outside the KL Court Complex. Two of them are wearing masks of Prime Minister Datuk Seri Najib Tun Razak and his wife Datin Seri Rosmah Mansor.
3.46pm: Mohd Saiful Bukhari takes the stand.
He begins by talking about his education background, saying he quit his studies because he was not doing well. He identifies Datuk Seri Anwar Ibrahim in the court. Mohd Saiful describes his job responsibilities as personal assistant to the Opposition leader, which included organising secret meetings with Barisan Nasional MPs.
3.45pm: The prosecution, in its opening statement, says they will prove that semen stains taken from Mohd Saiful Bukhari’s anus belong to Datuk Seri Anwar Ibrahim. The prosecution says they will establish the sodomy charge against Anwar beyond reasonable doubt. They contend that they will prove the case from direct evidence from Mohd Saiful and forensic testimony from doctors and chemists.
Apart from these, circumstantial and documentary evidence will also be tendered, the prosecution says.
Solicitor-General II Datuk Mohamed Yusof Zainal Abiden said that Mohd Saiful had gone for a medical examination at the KL Hospital on June 28, 2008 over the sodomy incident. He said Mohd Saiful’s tissue samples had been taken by the doctor who examined him for DNA testing.
Mohamed Yusof said Mohd Saiful had lodged a police report on the same day over the sodomy incident that had ocurred at the Desa Damansara Condominium on June 26, 2008.
The prosecution says it will prove that Mohd Saiful had gone to Unit 11-5-1 on the fifth floor of the condominium on that day. At that time, Mohd Saiful saw Anwar was sitting alone and eating. He was sodomised by Anwar at the unit. Mohd Saiful left the unit at about 4pm.
3.39pm: Charge read to Datuk Seri Anwar Ibrahim. He responds and says that the charge is malicious in intent.
3.24pm: Datuk Seri Anwar Ibrahim enters the courtroom.
3.20pm: Datuk Seri Anwar Ibrahim files petition against Dec 1 High Court decision to dismiss his application to strike out the sodomy charge against him. He does so after receiving appeals record at the Palace of Justice in Putrajaya this morning.
3.05pm: Court adjourns briefly. Lead counsel Karpal Singh tells Kuala Lumpur High Court judge Justice Datuk Mohamad Zabidin Mohd Diah that he will meet Court of Appeal president Justice Alauddin Mohd Sheriff on Thursday to persuade him to set up a hearing date for Datuk Seri Anwar Ibrahim’s appeal at the Court of Appeal over his failure to strike out the sodomy charge.
Karpal says he has just been served with the record of appeal over the earlier High Court ruling on the striking out application, and is therefore going to file a petition of appeal so that the appeal can be heard.
“Anwar is within court premises in the process of getting the affidavit ready to file the appeal,” Karpal says.
The court stands down.
2.49pm: Lead counsel Karpal Singh enters the courtroom.
2.37pm: PKR strategic director Tian Chua still barred from entering courtroom with banner. About 20 PKR members and supporters, led by Tian Chua and former Gerak Malaysia chief Nazri Yunus, start chanting “Reformasi” and other slogans. They carry banners declaring “Perhimpunan bantah fitnah ke-2.”
2.25pm: Datuk Seri Anwar Ibrahim and DAP veteran leader Lim Kit Siang arrive. Shouts of “Reformasi” ensue.
2.23pm: Subang MP R. Sivarasa arrives and joins PKR strategic director Tian Chua in trying to convince the police to allow the latter to carry the banner into the courtroom.
2.22pm: PKR strategic director Tian Chua tries to enter the court carrying a folded banner and is stopped by the police and Special Branch officers. With him are three supporters including Kampung Hj Abdullah Hukum PKR chief Roslan Mat, who are seen trying to negotiate with the police.
Tian Chua says there is no legal reason for the police to stop him from carrying a banner.
2.20pm: Defence lawyer Datuk Param Cumaraswamy arrives, followed a minute later by his co-counsel Sankara Nair.
2.05pm: PKR vice-president Mohd Azmin Ali arrives at the KL Court Complex.
2pm: Half-hour to the trial and still no sign of Datuk Seri Anwar Ibrahim, PKR and Anwar supporters, compared to the crowd on Tuesday. No roadblocks have been set up outside the court complex.
1.45pm: Counsel for defence Karpal Singh and Ram Karpal arrive at court complex for the Datuk Seri Anwar Ibrahim sodomy trial.
1.45pm: Police and General Operations Force (GOF) personnel form a line at top of stairs leading to court lobby to prevent anyone with a videocamera or camera from entering.
12 noon: Dozens of police and General Operations Force (GOF) personnel begin deploying outside the KL Court Complex before the start of Datuk Seri Anwar Ibrahim’s sodomy trial.
Datuk Nasir Safar, special officer to Prime Minister Datuk Seri Najib Tun Razak, will resign over allegedly racist statements he made, the Prime Minister’s Office said in a statement Tuesday.
“The remarks allegedly made by Nasir in Malacca today do not in any way reflect the views of the Prime Minister,” the statement said.
“Nasir never intended to make any derogatory remarks. He spoke at length on the contributions made by all races in developing the country.
“Nevertheless, Nasir apologises for any offence caused ... and in light of this, will tender his resignation.”
Online portals earlier reported that Nasir’s remarks at a 1Malaysia seminar at the Malacca International Trade Centre were so offensive that MIC and MCA members in attendance walked out in protest.
He was reported to have said that Chinese and Indian Malaysians were mere “pendatangs” (immigrants) and that Chinese women came to Malaysia to indulge in the “flesh trade.”. Editor: In fact, all Malaysian, regardless of race are pendatangs, from other mainland or nearby islands. Heck, some of their grandparents were likely to be South-East Asia pirates or lanun. Sendiri mesti mau ingat.
Nasir first denied the reports, saying he was just talking about the country’s history.
“I did not say the word ‘pendatang.’ I only said the country has been successful as the Chinese and the Indians from those days until today have been coming here to work,” he told The Malaysian Insider.
He also dismissed claims that he had threatened to revoke the citizenships of non-Malays who demanded that their rights be respected, the portal reported.
MIC and MCA leaders had threatened to lodge police reports over the incident.
