Malaysia opposition leader Anwar loses bid to get police documents that could derail sex trial

Malaysia’s Anwar loses new bid to derail sex trial

KUALA LUMPUR, Malaysia — A Malaysian judge refused Wednesday to let opposition leader Anwar Ibrahim see statements made to the police by the man who accuses him of sodomy, dealing another blow to his beleaguered defense.

The 62-year-old Anwar, who survived a similar sodomy allegation in 1998, denies the latest charge. He insists it is a plot by Prime Minister Najib Razak’s administration to cripple his opposition coalition after it made unprecedented gains in March 2008 general elections.

High Court Judge Mohamad Zabidin Diah ruled that there was no basis for the defense to obtain statements that Anwar’s former aide, Saiful Bukhari Azlan, made to police in 2008 — statements that Anwar’s team said would show Saiful has changed his story.

Najib has denied any conspiracy but has acknowledged meeting Saiful two days before he was allegedly sodomized. Najib says Saiful complained that he has been sodomized by Anwar on previous occasions. Najib, who at the time was deputy prime minister, says he offered no advice.

The trial centers on only a claim that Anwar and Saiful had sex on June 26, 2008.

Anwar is charged under a law that punishes consensual anal sex by up to 20 years in this Muslim-majority nation. Saiful has testified in court that their sex was not consensual, but Anwar has not been charged with rape.

Anwar’s lawyers believe the police transcripts might show that the 24-year-old accuser initially told officials the sex was consensual, thereby showing that his story is tainted with discrepancies.

“The testimony of the witness will turn to stardust,” said Anwar’s chief attorney, Karpal Singh.

Judge Zabidin said the defense could not demand the police documents based on a mere hunch and that it was up to the prosecution to determine the specific charge, since both consensual and nonconsensual sodomy charges carry the same maximum prison sentence.

According to Malaysian law, the prosecution is not obliged to submit the first police complaint once charges have been filed, and only a judge can order it handed over.

Also Wednesday, Saiful said during cross-examination that he called the national police chief on his cell phone on June 25, 2008, to complain about Anwar allegedly sodomizing him on previous occasions.

Inspector General of Police Musa Hassan “scolded me. He thought it was a prank call,” Saiful said. He claimed he got Musa’s number when he visited Najib. He told the court that he overheard the prime minister ask someone else for Musa’s number.

Saiful said that before filing a police complaint, he told several people about being allegedly sodomized, including aides of Najib and his wife, Rosmah Mansor.

Anwar said this bolstered his claim that “this is a conspiracy … not a coincidence.”

A lengthy prison sentence would destroy Anwar’s aspirations to become prime minister and undermine the opposition, which counts Anwar as its most charismatic figure, ahead of the next national polls scheduled to be held by 2013.

In 1998, Anwar lost his post as deputy prime minister and spent six years in jail after being convicted of sodomizing his family’s former driver and abusing his power. He was freed in 2004 when a court overturned the sodomy conviction. Anwar denied all the charges.