I do not want to be interviewed - simply bad behaviour by PM and maybe even contempt of court

On Aug 8, High Court judge Datuk Mohamad Zabidin Mohd Diah had allowed two applications by Anwar to interview 15 witnesses including the Prime Minister and his wife regarding the sodomy trial faced by Anwar. - Bernama, 12/8/2011, Najib And Rosmah Present In Court Regarding Anwar's Sodomy Trial

Now, lawyers prefer to interview potential witnesses for this will help when it comes to asking the questions in court - this will certainly save a lot of the court's time and cost.

He said Najib and Rosmah said the same words as soon as they entered the room, which were: "I did not wish to be interviewed and I do not want to be a defence witness."- Bernama, 12/8/2011, Najib And Rosmah Present In Court Regarding Anwar's Sodomy Trial

“Najib came in first and when we asked, he said, 'I do not wish to be a defence witness. I do not want to be interviewed',” said Karpal.-Malaysiakini, 12/8/2011, PM and wife: We don't wish to be your witnesses

 "I did not wish to be interviewed ... I did not wish to be a defence witness." Those were the words Najib told the defence team.- theSundaily, 12/8/2011,  Anwar sodomy trial: Najib, wife decline to be interviewed (Update)

Of course witnesses, have the right to say that they do not have anything to say during these interviews - that means lawyers, when they call these witnesses, will have to be asking all questions right from the start - and then asking more questions when answers are given... all for the reason of getting out relevant answers for the purposes of the trial. 

If witnesses have been interviewed - then so many questions that may at the end lead to nothing relevant would not have to be asked in court. Now, thanks to Najib's non-cooperation - this just will lead to a much longer time spent in court on the witnesses stand with Anwar's lawyers grilling him with question after question - maybe even seeking adjournment to 'investigate further' some of the answers given - to be able to ask further questions. All these could have been so easily avoided if Najib cooperated ... and just participated in the said interview....remember what we all (and the court included) wants to do is get to the truth to ensure justice be done...

I do not want to be a defence witness - Well, if when called to come as a witnesses, and you do not want to do so freely - then all that needs to be done is subpoena you as a witness - and you will still have to be present in court as a witness... 

Now, when you call a witness, normally you will only be able to ask 'not leading' questions - but then, when the witness is hostile, you then are permitted to also ask 'leading questions', just like what you can do during the cross-examination of the other side's witness...Najib's statement that he does not want to be your witness, and his refusal to be interviewed just will go to show that he is a 'hostile' witnesses, and the courts will more likely than not allow Anwar's lawyers to cross examine Najib as though he was an 'hostile' witness.

Najib's and his wife's refusal to be interviewed is just a 'bad example' for all Malaysians - and all it will do is just waste more of the court's time and also be a hindrance to justice and most importantly an infringement of the right of a Defendant to defend himself and a fair trial. 

Will now all Malaysians follow the Najib's example and when called in by the police, MACC, prosecution and other Defence lawyers just go in there and say "I do not want to be your witness" ..."I do not want to be interviewed". 

- I am not bothered in justice or human rights - I do not care about the right to a fair trial, or the universally acknowledged rights of an accused person.

Remember also the courts have again acknowledge the right of the accused to interview witnesses - I wonder also whether Najib could be cited for contempt of court - for clearly what the court ordered was an interview - i.e. where there are questions and answers - not just going in for an interview and saying,  'I do not wish to be a defence witness. I do not want to be interviewed',” 

But, if the court had ordered specifically ordered that you be present to be interviewed - and you used the words "I do not want to be interviewed' ...OR "I did not wish to be interviewed" - would that not be clearly a contempt of court. If you had attended the interview, and just said 'No comment" or "I have nothing to say" or "I do not want to answer that question now..." - then maybe you may have complied with the court order and may not be contempt - only that you had been a non-cooperative interviewee.Well, it will be up to the Accused and his lawyers to decide on the next step - commence contempt proceedings or not.

 Premier Najib Abdul Razak and his wife told lawyers representing the opposition leader and also defendant Anwar Ibrahim that they do not want to be defence witnesses.

This was revealed by lead counsel Karpal Singh and also by Sankara Nair.

Karpal and Sankara, along with senior lawyer Param Cumaraswamy and Ram Karpal, were in the same room when the witnesses were brought in, one by one.

Karpal said when the defence team arrived at the court complex, Najib and Rosmah were already there.

“Najib came in first and when we asked, he said, 'I do not wish to be a defence witness. I do not want to be interviewed',” said Karpal.

Then it was Rosmah's turn and she made the same statement, and this was followed by former Malacca police chief Mohd Rodwan Mohd Yusof.

All three (Najib, Rosmah and Rodwan) were in the room and they did not come with their lawyers.

Najib and Rosmah arrived about 2.55pm and left at 3.28pm.

Their aides stood outside while they attended the brief interview.

Karpal said they were caught by surprise as there had been no indication that Najib and Rosmah would turn up today.

“Normally, they would give us advance notice,” the senior lawyer said.

Karpal described Rosmah as very tense when asked questions and at at one point, she said, “Do not bully me, Mr Karpal.”

Karpal said he does not know why Najib and Rosmah are frightened to come to court, in describing their refusal to answer questions.

Anwar: Meeting was cordial

Anwar said his meeting with Najib and Rosmah went on in a cordial manner.

For Anwar, he said he felt normal and Karpal was extremely polite.

“I can assure you Karpal is extremely polite,” said Anwar smilingly.

“However, I am disappointed that they (Najib and Rosmah) do not want to say much.

"This comes after they had said a lot in the public and to the media, but when asked by they do not want to cooperate,” said the Permatang Pauh MP.

Anwar said naturally, he was disappointed.

Asked whether he was surprised to see the premier and Rosmah, Anwar said they will come at some time.

Today three other witnesses were interviewed, and they were Desa Damansara condo owner Hasanuddin Abdul Hamid and his wife Noor Sham Abd Hamid, and Hasanuddin's sister, identified as Mashitah.

Six more witnesses including Musa to be interviewed

Karpal said there will be six other witnesses to be interviewed and they include former IGP Musa Hassan.

“The others are the two former Indonesian maids who worked with Hasanuddin and lesser-known witness.”

Karpal said he expects the trial may not go on until the defence finishes interviewing the witnesses.

“We will ask for a postponement on Monday as we have yet to finish interviewing the witnesses.

“The trial just cannot go on until we finish this process,” he said.

Asked whether a decision will be made to call Najib and Rosmah to the stand, Karpal said a decision will be made after the interview process.

Meanwhile, addressing reporters after the BN supreme council meeting, Najib said he had met with Anwar's lawyers out of respect for the courts.

“A decision has been made by the judge and regardless of position, I am still a citizen and I respect the judge's decision.

“I had attended the meeting and stated my stand on the matter... I know my rights and I have stated this to Anwar's lawyers,” he said.- -Malaysiakini, 12/8/2011, PM and wife: We don't wish to be your witnesses

KUALA LUMPUR, Aug 12 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak and his wife, Datin Seri Rosmah Mansor, were present at the Jalan Duta Court Complex Friday with regard to the sodomy trial of Datuk Seri Anwar Ibrahim.

Najib and Rosmah arrived at 2.55pm to meet with Anwar's defence team headed by Karpal Singh.

They arrived 15 minutes earlier than Anwar's defence team.

The Prime Minister and his wife had met with Anwar's defence team separately for five minutes at the meeting room, Seventh Floor of the complex.

Najib and his wife left the complex at 3.28pm.

Speaking to reporters after chairing the Barisan Nasional (BN) Supreme Council meeting here, Najib said his presence at the Court Complex was to respect the decision made by the judge.

On Aug 8, High Court judge Datuk Mohamad Zabidin Mohd Diah had allowed two applications by Anwar to interview 15 witnesses including the Prime Minister and his wife regarding the sodomy trial faced by Anwar.

Meanwhile, Karpal Singh said Najib and Rosmah declined to be interviewed for Anwar's ongoing sodomy trial and both of them also did not want to be defence witnesses in the case.

Najib said he respected the decision made by the High Court Judge and "as a Malaysian citizen, I must respect the decision made by the judge, regardless of (my) position."

The Prime Minister said that was why he was present at the court and had stated his stand.

However, he declined to state what he had informed Anwar's defence team because he had "presented the matter according to my rights."

"I know my rights and I had conveyed them to the lawyer representing Anwar, and Anwar was also present there," he told reporters when asked about his presence at the Jalan Duta Court Complex.

Meanwhile, Karpal Singh said Najib and Rosmah had arrived at the meeting room before the defence team and the team met them separately, with Najib entering the room first and Rosmah later.

He said Najib and Rosmah said the same words as soon as they entered the room, which were: "I did not wish to be interviewed and I do not want to be a defence witness."

He also said that both of them were not accompanied by their lawyers.

Asked whether the defence wanted to call Najib, Rosmah and the other witnesses offered by the prosecution team, Karpal Singh said he had yet decide on the matter.

Karpal Singh said another witness, ex-Melaka police chief Datuk Mohd Rodwan Mohd Yusof, who turned up in court this afternoon, also declined to be interviewed and to be Anwar's defence witness.

As for now, the defence team had interviewed 15 witnesses including the owner of the condominium where the alleged incident occurred, Hasanuddin Abd Hamid, and his wife.

Karpal Singh said the defence had yet to interview six others, including former inspector-general of police Tan Sri Musa Hassan.

"Therefore, we cannot proceed with the trial, as agreed, before we complete interviewing all the witnesses prior to the trial," he said.

On Monday, High Court Judge Datuk Mohamad Zabidin Mohd Diah granted Anwar's application to interview witnesses offered by the prosecution, including Najib, Rosmah and Musa.

At the close of its case, the prosecution offered 71 witnesses, including Najib and Rosmah. The defence chose to interview only 25.

The court has set Aug 15 to 26 for the defence case. The court had initially set Aug 8 to 26, with Anwar scheduled as the first witness to take the stand.

On May 16, Justice Mohamad Zabidin ordered Anwar to enter his defence after ruling that the latter's former aide, Mohd Saiful Bukhari Azlan, the complainant in the case, was a truthful and credible witness.

Anwar, 63, pleaded not guilty in the Sessions Court on Aug 7, 2008, to committing carnal intercourse against the order of nature at the Desa Damansara Condominium in Bukit Damansara between 3.10 pm and 4.30 pm on June 26 of the same year.

-- BERNAMA- Bernama, 12/8/2011, Najib And Rosmah Present In Court Regarding Anwar's Sodomy Trial