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Anwar Ibrahim Sodomy II – The Recorded Truth – 2 August 2010 August 2, 2010

Posted by malaysianstory in Anwar Ibrahim, Malaysian Story, Sodomy II.
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******* The Full English Version (In Blue) After +++++++++++

Mahkamah Tinggi Jenayah 3
Di hadapan Yang Arif Dato’ Mohamad Zabidin Mohd Diah
Pihak-pihak:
PP:    Semua hadir
PB:     KS, SN, Datuk Param Cumaraswam, Dato’ CV Prabhakaran, Marissa, Ram Singh
WB:    Zamri Idrus (for SP1), Andy Yong (Bar Council)
AI hadir

[9.13 a.m.]
MY:    Kes ditetapkan untuk sambung bicara. Untuk pemeriksaan balas SP2.
YA:     Kita ada application baru. We should hear that first. KS you are the one who     made the application, so you must start it.
KS:     In our application, stay of proceeding does not arise. Cross-examination of the last witness does not arise. Both do not arise in the application this morning. It has been overtaken by events. The event is that we have file an application for the charge against DSAI being strike out which is under inherent power of court. The reasons are stated in the affidavit. In short, there is an assertion that there is an affair between DPP Farah Azlina Latif and SP1, Mohd Saiful Bukhari, the complainant of the case. As a result, that charge should be strike out because  the DPP is part of the prosecution team. She would have access to the investigation paper, etc. [] that the sp1 [] aware of []
YA:      I think you are going to the merit, KS.
KS:    I’m not. There is an affair between DPP Farah Azlina Latif and SP1. This affect the entire trial my Lord. There is an offence under the OSA by SP1 and FA. The integrity of the DPP has been compromised. In fact, the entire pro team is being [] impartiality, [] when we submit on this application [] There’s an affair between the DPP and the complainant, the star witness of this case. The entire prosecution team should step down. My learned friend MY should take the blame. [] the application of stay is taking by events [].
YA:     So you said you want me to hear the application first?
KS:     Yes. This is not only for SP2, but also any other witness. This is a very serious matter, my Lord. My learned friend may need time to reply to the affidavit. [] affidavit of DSAI filed together with the motion this morning, in support of the application.
MY:     YA, the application to dismiss the case is not in this court. We must proceed with the cross-examination or with the application of stay. Just because somebody assert something does not mean [] bare allegation [] instruct the defence to proceed with application of stay of proceeding or continue with the cross-examination.
KS:     We only get the reply on Friday. For this reason, it is only filed this morning, it will be sent to your Lordship afterwards. This is for your Lordship to go through the application and the substance of it. [] it’s a sworn affidavit. My learned friend has no other option to reply to the affidavit, also the DPP and SP1. This might ensure the truth prevails. [] So that from there we should proceed.
YA:     Is that all?
[9.21 a.m.] Stand down.

[9.47 a.m.]
MY:     Pihak2 masih seperti dulu.
YA:     Memang tidak dapat dinafikan terdapat permohonan untuk mengenepikan pertuduhan dan oleh itu sekiranya pemeriksaan balas SP2 diteruskan, ianya akan menjadi satu tindakan yang sia2.  Oleh itu adalah lebih baik sekiranya permohonan membatalkan pertuduhan didengar terlebih dahulu sebelum permohonan pergantungan prosiding dan keterangan SP2 diteruskan. So, are the parties ready for the application? Stand down for a while.
[9.48 a.m.] Stand down

Pihak-pihak berjumpa dengan Hakim dalam Kamar pada jam 9.50 pagi. Pihak-pihak keluar dari Kamar Hakim jam 10.03 pagi.

[10.06 a.m.]
Permohonan 44-125-2010 : Permohonan mengenepikan pertuduhan.
MY:     Notis usul baru diserahkan kepada saya pagi ini. Permohonan untuk [] afidavit DSAI. Saya memohon masa untuk mengkaji dan memfailkan affidavit jawapan dan jika perlu, membuat research untuk digunapakai dalam menentang permohonan ini. KS juga perlu masa untuk membuat apa-apa afidavit balasan jika ada terhadap afidavit kami. Saya memohon satu tempoh yang cukup untuk kedua-dua pihak bersedia.
KS:     Kami mencadangkan 9 hb Ogos ini untuk tujuan pendengaran permohonan kini.
MY:     Saya tiada bantahan kerana hari Jumaat ini ada pendengaran rayuan di Mahkamah Rayuan.
YA:     9 hb Ogos 2010, Monday. Kes bicara proper ditetapkan untuk sebutan pada     tarikh tersebut. Begitu juga  permohonan penangguhan prosiding.
[10.09 a.m.] Stand down.

++++++++++++ English Version +++++++++++++

Criminal High Court 3

Before Yang Arif Dato’ Mohamad Zabidin Mohd Diah

Parties :

PP  :                All present

Defence  :      KS, SN, Datuk Param Cumaraswam, Dato’ CV Prabhakaran, Marissa, Ram Singh

WB  :               Zamri Idrus (for SP1), Andy Yong (Bar Council)

AI hadir

[9.13 a.m.]

MY:     Resumption of case. Cross-examination of SP2.

YA:      We have a new application. We should hear that first.We should hear that first. KS you are the one who made the application, so you must start it.

KS:      In our application, stay of proceeding does not arise. Cross-examination of the    last witness does not arise. Both does not arise in the application this morning. It has been overtaken by events. The event is that we have file an application for the charge against DSAI being strike out which is under inherent power of court.     The reasons are stated in the affidavit. In short, there is an assertion that there is an affair between DPP Farah Azlina Latif and SP1, Mohd Saiful Bukhari, the complainant of the case. As a result, that charge should be strike out because     the DPP is part of the prosecution team. She would have access to the investigation paper, etc. that the sp1 aware of

YA:      I think you are going to the merit, KS.

KS:      I’m not. There is an affair between DPP Farah Azlina Latif and SP1. This affect the entire trial my Lord. There is an offence under the OSA by SP1 and FA. The integrity of the DPP has been compromised. In fact, the entire pro team is being impartiality, [] when we submit on this application [] There’s an affair between the DPP and the complainant, the star witness of this case. The entire prosecution team should step down. My learned friend MY should take the blame. The application of stay is taking by events [].

YA:      So you said you want me to hear the application first?

KS:      Yes. This is not only for SP2, but also any other witness. This is a very serious matter, my Lord. My learned friend may need time to reply to the affidavit. [] affidavit of DSAI filed together with the motion this morning, in support of the application.

MY:     YA, the application to dismiss the case is not in this court. We must proceed with the cross-examination or with the application of stay. Just because somebody assert something does not mean [] bare allegation [] instruct the defence to proceed with application of stay of proceeding or continue with the cross-examination.

KS:      We only get the reply on Friday. For this reason, it is only filed this morning, it will           be sent to your Lordship afterward. This is for your Lordship to go through the application and the substance of it. [] it’s a sworn affidavit. My learned friend has no other option to reply to the affidavit, also the DPP and SP1. This might ensure the truth prevails. [] So that from there we should proceed.

YA:      Is that all?

[9.21 a.m.] Stand down.

[9.47 a.m.]

MY:     Parties as before.

YA:      There is an application to set aside the charges, as such, if the cross-examination of SP2 is continued at this stage, it will be a waste of time. As such, it would be better to hear the application to set aside charges before the application for stay of proceedings and SP2’s testimony is continued.

So, are the parties ready for the application? Stand down for a while.

[9.48 a.m.] Stand down

Parties meet with the judge in chambers at 9.50am. Parties leave judges’ chambers at 10.03am.

[10.06 a.m.]

Application 44-125-2010 : Motion to set aside charge.

MY:     Notice of the application has only just been given to me this morning.

Application for affidavit of DSAI. I request for time to study and file an affidavit response, and if necessary, to carry out research for justify why to set aside the application.

KS too needs time to prepare whatever affidavit in response, if any, towards our affidavit. I request for a period of time that is adequate for both parties to prepare.

KS:      We propose 9 August to hear our application

MY:     We do not object as this Friday, the appeal will be heard in the Court of Appeals

YA:      9 August 2010, Monday. Proper proccedings to hear the case on said date.

As well as the application for stay of proceedings.

[10.09 a.m.]  Stand down.

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