Insufficient evidence to prosecute Anwar, AGC closes case

Early last month, Muhammed Yusoff lodged a police report, alleging that he was sexually assaulted by the PKR leader


THE Attorney-General’s Chambers (AGC) finds no sufficient evidence to prosecute Datuk Seri Anwar Ibrahim (picture) on a sexual assault case that was reported last December.

The AGC also cited a contradiction of facts as another reason to drop the case.

“Upon careful evaluation of all the evidence gathered in the investigation papers submitted by the PDRM (Royal Malaysian Police), we found contradictions of material facts, which could not support the prosecution of any person under section 354 of the Penal Code, or for that matter under any other section of the Code,” Solicitor-General Datuk Engku Nor Faizah Engku Atek said in a statement.

“We also found there is insufficient evidence to prosecute on the reports lodged based on the evidence available in the investigation papers. In the circumstances, we agree with the recommendation of the PDRM that the case is closed,” she added.

Early last month, Anwar’s former researcher, Muhammed Yusoff Rawther, lodged a police report, alleging that he was sexually assaulted by the PKR leader.

According to Bernama, Muhammed Yusoff made a public statutory declaration on Dec 4, alleging that he was sexually assaulted by Anwar on Oct 2.

Anwar had strongly denied the allegation, saying that he was busy campaigning for the Port Dickson parliamentary by-election at the time of the alleged incident.

He had given his statement to the police on Dec 12 in Bukit Aman, Kuala Lumpur.

Subsequently, Muhammed Yusoff took a polygraph test on Dec 17.

Inspector-General of Police Tan Sri Abdul Hamid Bador said the polygraph test was inadmissible as evidence in the court proceedings, instead, it was used by the investigating team to help determine whether the individual was telling the truth.

The case is being investigated under Section 354 of the Penal Code for assault or using criminal force to outrage the modesty of another person, which is punishable with jail of up to 10 years, or a fine, or whipping, or any two such penalties.

Meanwhile, Engku Nor Faizah also said that Tan Sri Tommy Thomas had recused himself from the case and was not involved with all deliberations about it “right from the outset”, due to his association with Anwar since the mid-1990s.

“Thus, a team of deputy public prosecutors under my supervision was entrusted to evaluate the evidence and to make any decision thereon,” Engku Nor Faizah added.

Last week, Muhammed Yusoff’s lawyer, Haniff Khatri Abdullah, had reportedly urged Thomas to recuse himself from the case as he questioned the latter’s impartiality.

Additionally, Engku Nor Faizah said that consistent with the standard practice, investigations on the case may be reopened if and when new evidence becomes available.