KUALA LUMPUR, Nov
12 (Bernama) -- The High Court here heard today that Azizan Abu Bakar swore
by the Yasin on the truth of his statement that he was sodomised by Datuk
Seri Anwar Ibrahim.
ACP Mazlan Mohamed
Din of the Special Branch police said
Azizan, Anwar's
former driver, swore to him after he interrogated him for an hour.
"During the hour,
when I questioned him as to the truth of his sworn statement, he held the
Yasin in both hands and swore that he would be punished by Allah (God)
if he had lied," Mazlan said.
He was testifying
at the trial of Anwar, the former deputy prime minister, charged with four
counts of corrupt practice by using his position to interfere in police
investigations into allegations of sexual misconduct against him.
Anwar is charged
under the Emergency (Essential Powers) ordinance No.22 of 1970 which carries
a maximum 14 years jail or RM20,000 fine on conviction.
Examined by senior
deputy public prosecutor Azahar Mohamed, Mazlan said Azizan swore that
the contents of his sworn statement were true.
Earlier, the court
was told that Azizan's sworn statement was attached to a letter entitled
"Perihal Salah Laku Timbalan Perdana Menteri" (Misconduct of the Deputy
Prime Minister) written by Ummi Hafilda Ali to the prime, together with
a report.
Mazlan, who was
shown the sworn statement marked ID14 (c), said Azizan admitted in the
statement that he was sodomised by Anwar.
Gurbachan Singh,
one of Anwar's nine defence counsel, objected on the ground that the sworn
statement contained mere allegations and it would be highly prejudicial.
Azahar replied
that Azizan would be called and Justice Datuk S. Agustine Paul overruled
the objection. Earlier, Mazlan said Azizan's interrogation started past
midnight of Aug 17 last year after he and Ummi Hafilda were arrested in
a house in Bangsar.
He said that when
he handed Azizan over to DSP Abdul Aziz Hussin, head of the interrogation
team, after taking custody of Azizan from Criminal Investigation Department
(CID) officer ASP Zulkifli Mohamed, he saw Azizan holding a small book
of Yasin.
Mazlan said that
at Bukit Aman where Azizan and Ummi Hafilda were taken, he briefed Abdul
Aziz on their background and the reason for their arrest and gave him a
copy of the letter to the prime minister.
He then started
interrogating Azizan on the statement, assisted by ASP Arif Ariffin and
C/Insp Zamri Hashim.
Mazlan said that
at 1.30am he and Abdul Aziz were called to Mohamed Said's office by Mohamed
and Special Branch deputy director II Khas Datuk Amir Junus and directed
to "neutralise" Azizan and Ummi Hafilda by turning them over or getting
them to change their stand to retract their allegations.
Mohamed Said wanted
them to turn the two over within 24 hours because he wanted them released
by then. Azahar: That morning, when you received the directive, did you
know whom it came from? Mazlan: I did, my Lord. Mohamed Said and Amir told
me that the directives to neutralise Ummi Hafilda and Azizan came from
Anwar.
Gurbachan Singh's
objection to the answer on the ground that it was hearsay was upheld by
the judge. Mazlan said that at 3am on Aug 18, when briefing Mohamed Said
and Amir on his findings, he told them that he believed Azizan. Gurbachan
objected, saying that it was merely the witness' opinion but Paul overruled
him.
Mazlan: My findings
were based on several grounds. Firstly, Azizan was so consistent in his
allegations that I felt that Azizan was a victim and it must have been
difficult for him to come foreward and make the statement. Gurbachan Singh:
My Lord, we object on the same grounds, on the words "saya berpendapat"
(I felt).
However, Paul allowed
the answer, saying that the defence counsel was confused about section
45 of the Evidence Act which was clear on the opinion of an expert. Continuing
with his evidence, Mazlan said: "As a Muslim, swearing by the Yasin could
convince me." His answer drew response from Anwar's family members.
He said Mohamed
Said instructed him to continue with the turning over process and "I did
so, although I knew that it was a bit strange." Mazlan said that at 5am
Abdul Aziz entered the interrogation room playing the aggressive role and
an hour later Azizan was considered neutralised.
He said Abdul Aziz
helped out because he (Mazlan) was slow in getting results by using the
persuasive method. He said that from midnight until 6am, when Azizan was
neutralised, Azizan was not allowed to sleep because he, Mazlan, had to
complete his task in 24 hours.
-- BERNAMA |