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PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
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Subject:
[beritamalaysia] Lawyer says Mahathir must attend court to
tell how he
"fixed" Anwar
Date:
Fri, 24 Mar 2000 02:47:30 +0800
From:
"Y.W.Loke" <[EMAIL PROTECTED]>
Reply-To:
[EMAIL PROTECTED]
To:
"Berita Malaysia" <[EMAIL PROTECTED]>
CC:
"BMalaysia" <[EMAIL PROTECTED]>
http://news.catcha.com/cgi-bin/news/afpnews.cgi?fr=sg&rq=showIndexAndStory&c
t=malaysia&s=000323071958.qzcolyka.txt
Lawyer says Mahathir must attend court to tell how he "fixed" Anwar
KUALA LUMPUR, March 23 (AFP) - Lawyers for Malaysia's Anwar Ibrahim
demanded on Thursday that Prime Minister Mahathir Mohamad be summoned to
give evidence in his former deputy's sex trial.
"We want to show how the prime minister fixed him," said Karpal Singh,
referring to an alleged political conspiracy to fabricate sexual
misconduct
charges against the jailed politician.
"His evidence is a necessity. It was a father and son relationship."
Anwar was Mahathir's heir apparent until the premier sacked him as
deputy
premier and finance minister on September 2, 1998, sparking mass
anti-government protests.
Eighteen days later the charismatic politician was arrested. Last April
he
was jailed for six years for abusing his powers to cover up allegations
of
sexual misconduct.
Anwar, together with his adopted brother Sukma Darmawan, are now jointly
charged with sodomising Azizan Abu Bakar, then the driver for the
politician's wife, between January and March 1993.
The offence is punishable by up to 20 years. Anwar says he was framed
because he threatened to expose government corruption and was seen as a
political threat to Mahathir.
Karpal read extracts from an affidavit in which Anwar set out reasons
why
Mahathir must testify for the defence. Prosecutors say his evidence is
irrelevant to the sodomy charge.
Before he started the lawyer sought the court's protection, saying
lawyers
"may be subject to prosecution by the attorney-general as in my case."
Karpal has been charged with sedition over his comments earlier in the
trial about what he called a possible plot by "people in high places" to
poison Anwar.
Judge Arifin Jaka told Karpal: "Don't worry. I will be the judge to
decide
on contempt. I can assure you (that reading) the affidavit is all
right."
Prosecutor Abdul Gani Patail countered: "The affidavit contains a lot of
allegations which are scandalous."
Arifin replied: "I do not think there is anything wrong in referring to
the
affidavit during the submission."
Karpal said the defence was calling Mahathir in his personal capacity.
"He has gone all over the world accusing Anwar of sexual misconduct,"
the
lawyer told the court. Mahathir has said he sacked Anwar for immorality.
"The political conspiracy cannot be divorced from the charges," Karpal
added.
"Police have said during the trial that they met Mahathir although no
statements were taken from the prime minister. We want to know why.
Mahathir was then the home minister and head of the police force."
Karpal read Anwar's statement from the affidavit that "I believe Dr
Mahathir has a lot of information to prove that I was innocent."
Karpal said the fact that Mahathir is prime minister should not be a
concern of the court.
"We are taking a risk by calling him. What the defence is trying to show
is
that the charges are trumped-up. It is a political conspiracy.
"Mahathir had admitted there was a political conspiracy against Anwar.
We
want Mahathir to come and back Anwar. I make this plea."
Arifin said there was no point bringing a witness to confirm what
another
witness said.
He told Karpal: "You must convince me that Mahathir played a role in the
fabrication of the charges.
"Is it an offence, a political conspiracy to topple you (Anwar)?" he
asked.
Karpal replied: "It is interlinked to the fabrication of charges. We
want
to show how the prime minister fixed him."
Arifin said if there were evidence to connect the prime minister to the
case, "I will not hesitate to call him. Why should I protect him?"
Arifin adjourned the trial to Friday.
________
http://www.bernama.com/bernama/general/ge2303_22.htm
March 23 , 2000 18:17PM
DR MAHATHIR'S EVIDENCE RELEVANT TO TEST AZIZAN'S CREDIBLITY, SAYS
COUNSEL
KUALA LUMPUR, March 23 (Bernama) -- Datuk Seri Dr Mahathir Mohamad is a
material witness in the sodomy trial of his former deputy as his
evidence
is relevant to test the credibility of Azizan Abu Bakar who claimed that
he
has been sodomised by Datuk Seri Anwar Ibrahim, the High Court heard
Thursday.
Gobind Singh Deo, counsel of Sukma Darmawan Sasmitaat Madja, who is
being
tried together with Anwar, said in sexual offence cases, the credibility
of
the complainant was material.
As Azizan had once denied any involvement in sexual activities with
Anwar
to the prime minister through a letter, Dr Mahathir had to be called to
establish the fact, he said.
The counsel was submitting on the issue of the relevancy of Dr
Mahathir's
evidence to the trial after Sukma and Anwar filed affidavits to support
their application to have Dr Mahathir as the defence witness.
Last Feb 18, Justice Datuk Arifin Jaka, who heard the case, ordered the
defence to provide the grounds for relevancy before calling the prime
minister to the witness stand in his personal capacity.
Gobind Singh said that a press report also quoted the prime minister as
saying that the writer of the letter which contained the allegations of
Anwar's sexual misconduct had denied the truth of the allegations.
He said that as Dr Mahathir did not mention the identity of the writer
of
the letter, the prime minister was the most material witness to
establish
that the writer was Azizan.
Gobind Singh said Dr Mahathir's evidence on this matter was important to
support Sukma's defence that the charge preferred against him and his
adopted brother, Anwar, was false and concocted.
Anwar, 52, and Sukma, 39, are separately charged with sodomising Azizan,
39, at Sukma's apartment in Tivoli Villa, Bangsar, here, at 7.45pm,
between
January and March, 1993.
Sukma, a businessman, faces another charge of abetting Anwar in
sodomising
Azizan, the former driver of Anwar's wife, Datin Seri Dr Wan Azizah Wan
Ismail, at the same time and place.
The prosecution has objected to the defence's move to have the prime
minister in the witness stand and applied to have the court invoke
Section
136 of the Evidence Act 1950 before deciding whether to call the prime
minister.
Senior DPP Datuk Abdul Gani Patail said there was no evidence to show
that
the prime minister knew or was acquainted with Sukma and Sukma himself,
in
his evidence, never raised the issue of Azizan's meeting with Dr
Mahathir.
"Neither was Azizan cross-examined on this matter. Why then suddenly
there
is this claim by Sukma in his affidavit that Azizan went to see Dr
Mahathir?" he said.
Abdul Gani said the evidence that Azizan went to see the prime minister
was
adduced by the investigating officer, SAC 1 Musa Hassan who admitted he
knew about it through a press report.
"The defence should have cross-examined Azizan extensively on that
matter
but it was not done," he said. The court should consider the application
by
Sukma as irrelevant, he said.
Abdul Gani would submit on Anwar's affidavit tomorrow. The defence has
objected to his submission on the ground that he has no locus standi as
the
prime minister was subpoenaed in his personal capacity and the
prosecution's presence in the court at the moment was just as "amicus
curae" or friend of the court.
However, Arifin overruled their objections and concurred with Abdul Gani
that the issue before the court now was not a separate matter from the
trial.
Earlier, Anwar's counsel, Karpal Singh, said the prime minister should
be
called to give evidence pertaining to matters contained in the affidavit
filed by his former deputy.
Karpal Singh said among others, Anwar was convinced that Dr Mahathir had
a
lot of information and evidence to show that he was innocent and the
allegations against him were baseless as reported by local newspapers in
1997.
At the outset of the trial, counsel Francis Ng who held a watching brief
for Finance Minister Tun Daim Zainuddin and Deputy Education Minister
Datuk
Aziz Samsuddin told the court that subpoenas had been issued and served
on
his clients to have them appear as defence witnesses.
However, he informed the court that both Daim and Aziz had filed the
applications to set aside the subpoenas and Arifin then fixed Tuesday to
hear the matter.
Hearing continues tomorrow. -- BERNAMA
------------------------------------------------------------------------
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