The ad-hoc deputy public prosecutor for Anwar Ibrahim’s Sodomy II case yesterday went public with details of the prosecution’s case against the now convicted opposition leader, and gave his assurance that the judicial branch remains independent of the government, thus dismissing any notion of a political conspiracy against Anwar.
Speaking at an event organized by UMNO Youth affiliate, Akademi Kapten Hussein, Shafee said, “In this case, I saw that, especially abroad, there was not a single fact that was written by the media.
“Everyone wrote, that it was a conspiracy, a political conspiracy without even stepping into the court or caring about the facts”.
The prosecution team, he claims, went straight into the “eye of the storm” to solve the case, with emphasis on the facts while Anwar’s defense counsel circled around supposed conspiracy theories, which eventually made all the difference.
The evening of 26 June 2008
Without sparing any details, Shafee discussed the events that transpired the night Anwar sodomised his assistant, Mohd Saiful Bukhari Azlan, by inserting his penis into the victim’s anus, which Shafee claims is why Anwar was charged under Section 377B of the Penal Code.
Section 377B, carries the punishment of a term of imprisonment which may extend to twenty years, and whipping for the offence of committing carnal intercourse against the order of nature.
Shafee recounted Saiful’s testimony from the witness stand where Saiful said that on that day, 26 June 2008, he had been asked to come to a condominium unit in Desa Damansara, and to bring along with him some documents.
The meeting took place at an adjacent unit which was also owned by one of Anwar’s associates where Anwar was already waiting in the dining area. Work-related chatter went on for a few minutes and it was then that Anwar asked Saiful, ‘Can I f*ck you today?’
“It’s a very loaded statement. Why, because it indicates that Anwar is dominant to the subservient Saiful, where he (Anwar) treats him like a sex slave. It may also mean (that) there (had been) such incidents before that day.
Saiful said no, according to Shafee, exasperating Anwar who instructed him to go to a bedroom to freshen up.
As Saiful exited the restroom Anwar was already waiting wearing only a towel. He had also laid out a towel on the carpeted floor where, the sexual intercourse took place.
“Anwar asked him to take the position on the floor. Saiful described the position he took as ‘sujud menonggeng’ (prostrated, rear exposed) which is why he was so angry and humiliated.
“The person who went through this will be able to describe it. Saiful explained in the greatest detail,” said Shafee.
“The Police have acquired all CCTV recording (sic), from early, from the car park to the entrance, with time of arrival and when they left,” stressed Shafee who added that Anwar wasn’t privy to this, hence his initial defence of alibi which he later abandoned.
Anwar, who according to Saiful’s account did not use a condom, ended up ejaculating into Saiful’s rectum, which enabled the three doctors at General Hospital Kuala Lumpur to collect DNA evidence extracted from “sperm heads”. The owner of the sperm heads was initially given the code name ‘Male-Y.’
“The moment they heard Anwar’s name, the doctors knew that they had to handle the matter with utmost care.
“All these doctors were experts in forensics,” Shafee said.
Given the liberal nature of Malaysian law, an accused can refuse to give his DNA sample for investigation, and Shafee said Anwar’s DNA had to be collected from towels and water bottles used by Anwar, when he was brought into custody.
He added, “Malaysia has the highest standard when it comes to DNA standards, with a 16-point match required.
When Male-Y’s DNA matched the DNA from Anwar’s towel, it was proven that Saiful’s account of the events were true, claimed Shafee.
“That’s the most solid evidence on DNA. You cannot get anything better than that.”
‘Not a fix’
Shafee also dismissed any notion that Anwar was fixed by the powers that be to end his political career.
Saying that he feels for Anwar’s family members, who now have to be separated from him as he serves his prison term, Shafee said, “I would never have agreed to fix Anwar even if the order came from Najib Razak himself.”
“As such, I am even willing to swear by the Quran that this is not a political conspiracy.”
Defense of Sodomy Laws
According to Shafee, the sodomy laws in Malaysia were inherited from England through India and were only abolished in England in the 1980s.
He said, “Only recently, it was abolished there but since, they have other new laws like it – called aggravated assault which may include sodomy, and another – aggravated sodomy.”
“These laws exists in England, India and other Commonwealth nations.”
He also pointed out that up to 19 states in the United States still outlaw consensual sex between two men although the United States Supreme Court has found such laws unconstitutional.
Shafee lauded dissenting conservative Justice Antonin Scala for speaking up for conservative members of the public who still want sodomy laws upheld.
“So, we are not an odd nation for having sodomy laws. A lot of others do have these laws.
“There may be only about 2-3 or maybe 10 nations in the world that are pro-gay or LGBT that want the sodomy laws abolished, but most still have these laws,” he added.
UMNO will not be silent
Meanwhile, UMNO Youth Chief, Khairy Jamaluddin yesterday insisted that UMNO and by extension the government will not remain silent but will continue talking about Anwar Ibrahim’s Sodomy II conviction as the defense counsel has been using the “political conspiracy” theory against UMNO for the last six years.
“They want us to keep quiet. We have been keeping quiet for the last six years as the trial was in progress.
“Now that the judgment is out, we can finally talk about the facts and facets of the case,” said Khairy.
Khairy also confirmed that Shafee Abdullah, the ad-hoc Deputy Public Prosecutor for the Sodomy II who secured the conviction and five-year imprisonment sentence for Anwar, is due to have more of these dialogues with the public to explain the case in detail, with the next event scheduled in Penang.