KUALA LUMPUR — Malaysian opposition leader Anwar Ibrahim on Monday applied to have sodomy charges against him struck out over claims a female prosecutor had an affair with the star witness — Anwar’s accuser.
In a sensational twist, a junior prosecutor was dropped from the case last month after a political blog said she was romantically involved with Saiful Bukhari Azlan, 25, who has accused Anwar of sodomising him.
Anwar, a former deputy prime minister who was sacked and jailed on separate sex and corruption counts a decade ago, said the revelation was more proof that he is the victim of a conspiracy to end his career.
“It just supports our contention right from the beginning that this is all a farce, a politically motivated trial, trumped-up charges,” he told reporters.
“This is an additional fact or evidence to support our case, to show the prosecution is not and cannot be impartial.”
Defence counsel Karpal Singh said that Saiful could have been given access to confidential trial information and that both he and prosecutor Farah Azlina Latif would have to state whether the allegations were true.
“Because of this affair, the integrity of the entire prosecution of this trial has been compromised,” Singh said.
“As a result of this affair there is a strong likelihood of Saiful being privy to statements recorded in the course of investigations including a statement from Anwar Ibrahim.”
High Court Judge Mohamad Zabidin Diah overruled a prosecution bid to proceed with the trial and agreed to adjourn until August 9, when he will hear applications from both sides and decide whether to resume the trial.
“It cannot be denied that there was an allegation of an affair… therefore I am of the view it is better for me to hear the application of strike-out first,” the judge said.
Chief prosecutor Yusof Zainal Abiden described the affair claims as “bare allegations with no substance”, but asked later by reporters whether they were false, he merely replied: “Do they have personal knowledge?”
Attorney-General Abdul Gani Patail also did not confirm or deny the allegations when he announced the junior prosecutor’s axing last month.
“This can be very difficult for us but any personal matter, if it can have any implication in whatever form… will be handled very seriously,” the government’s top lawyer said at the time.
“This move is also to ensure that the smooth running of the case is not affected.”
Saiful, who was an aide in Anwar’s office, has accused the 62-year-old father of six of sodomising him at an upmarket Kuala Lumpur condominium in 2008. If convicted, Anwar could face up to 20 years in prison.
Sodomy, even among consenting adults, is illegal in Muslim-majority Malaysia.
The trial began in February but has been punctuated by lengthy delays, including an eight-week pause before Monday’s hearing.
The defence has made a series of legal manoeuvres designed to undermine the credibility of the trial, but has so far been knocked back in all its moves including bids to gain access to evidence such as medical reports.
Anwar has said he is the victim of a plot to prevent him from taking power after the opposition made huge strides in 2008 elections, stunning the ruling Barisan Nasional coalition, which has been in power for half a century.-AFP
