FAC News - Wednesday, April 2, 2003 11:35 AM

Day five of the Anwar Ibrahim appeal hearing

Azizan’s testimony was never corroborated

Anwar Ibrahim and his Indonesian-born adopted brother, Sukma Darmawan Sasmitaat Madja, were convicted of a sexual crime, in this case sodomy, purely on the sole testimony of the alleged victim, Azizan Abu Bakar.

“In a case of a sexual offence, corroboration is required,” Gobind Singh Deo, Anwar’s counsel, told the Kuala Lumpur Appeal Court on the fifth day of the appeal hearing.

 “A double test needs to be done. The reliability of the witness needs to be established plus his testimony needs to be corroborated.”

“If, however, the witness is proven to be unreliable, then it ends there. The testimony of the witness must be rejected and no further corroboration is required.”

The court was told, in convicting Anwar and Sukma, no other evidence was offered or medical examination done to support Azizan’s allegation.

“The prosecution refused to send Azizan for a medical examination to establish he had indeed been sodomised though it had declared that it was still not too late and there was still time to do so.”

Instead, the accused, Sukma, was sent for a medical examination and the doctor testified in court that he did not find any evidence he (Sukma) had been sodomised. (Sukma was earlier jailed six months on allegations he had allowed Anwar to sodomise him).

Gobind then told the Appeal Court that the trial judge, in his written judgment, had left out much of what had transpired in court. Gobind then handed the three-man panel of judges a copy of a newspaper report that had quoted verbatim what transpired in the trial.

All this was excluded in the trial judge’s written judgment, said Gobind.

Gobind then asked the Appeal Court to acquit both Anwar and Sukma as there was “more than enough material before your Lordships to allow the appeal.”

The appeal hearing will commence on Monday, 7 April 2003, where the prosecution will reply to the many points raised by the defence.