Anwar’s lawyers accuse prosecution of trial by ambush

By Debra Chong, The Malaysian Insider

Opposition Leader Datuk Seri Anwar Ibrahim’s lawyers today accused the prosecution in his Sodomy II trial of misconduct for omitting evidence required by law, including two medical reports which showed the complainant did not have any signs of anal penetration.

Speaking to reporters at the PKR headquarters here today, Anwar’s lawyers Sivarasa Rasiah and Edmund Bon stressed that a recent certificate under Section 51A(1)(c) of the Criminal Procedure Code (CPC) signed by the public prosecutor and which is needed before the trial proper can start, was defective.

Under the law, the prosecution is required to mention the existence of all relevant evidence, including that which is favourable to the defence, as part of the discovery process.

Bon claimed the existence of two medical reports from a private hospital and the government-run Hospital Kuala Lumpur, on Anwar’s sodomy complainant, Mohd Saiful Bukhari Azlan, showed there was no anal penetration.

He cited this as an example of evidence which was favourable to the defence.

“The Section 51A(1)(c) submitted is an illegal certificate which does not comply with the law,” Bon said.

“The prosecution has failed in its duty to carry out the law and the Attorney General’s guidelines,” he added.

Bon explained that under the Attorney General’s own guidelines on prosecution, the prosecution is required to give the defence a written statement pointing out facts that were favourable to the defence three weeks before the trial is scheduled to start.