KUALA LUMPUR: A trader yesterday retracted his police report which had triggered investigations against controversial blogger Wan Muhammad Azri Wan Deris for alleged seditious remarks, just two hours after testifying on the first day of the trial.
At the onset of the trial's second day at the Sessions Court today, defence lawyer Muhammad Rafique Rashid Ali said Hisham Sharudin, 42, the first prosecution witness, made the decision to retract his initial police report.
He said Hisham did so by lodging another police report about 2pm yesterday after giving his testimony against Wan Azri, better known as Papagomo, for his alleged seditious remarks that the government was pro-Israel and pro-West, before judge Siti Aminah Ghazali.
"As this has happened, I humbly submit, with the greatest respect to the prosecution, that we are going to go nowhere with this case.
"I ask the court's permission to use Section 425 of the Criminal Procedure Code (CPC) to recall this witness for the just decision of this case.
"At least we can mark the police report as an exhibit to confirm this matter.
"We do not want to be caught in a situation where we had threatened the witness or met him. This is because it says in the report that he was not forced by anyone to make the police report or blame any parties.
"The goal post has shifted from someone who had presented the narrative and now he himself does not want to continue this case. Otherwise, we are all going to waste our time," said Rafique.
However, deputy public prosecutor Mohamad Mustaffa P. Kunyalam said the refusal of Hisham to continue with his police report against Wan Azri was not a factor to be considered by the court to halt the prosecution's case.
"The prosecution has 10 witnesses, including Hisham and another who had testified yesterday, to prove the case against the accused.
"Even if Hisham refuses to continue the case, it does not stop the prosecution from pursuing it against the accused.
"In this case, it is found that there were 'tactical manoeuvres' where Hisham had only wished to retract the report after giving his statement in court.
"If Hisham refuses to give his statement at the examination-in-chief, the prosecution has the right to use Section 357 of the CPC to force him to give a statement in court," he said.
After hearing submissions, Siti Aminah allowed the defence's application to recall Hisham and ruled that the trial continue with the testimony of other witnesses.
Meanwhile, the fifth prosecution Datuk Zahairi Baharim, a diplomatic officer with the Foreign Ministry, said Prime Minister Datuk Seri Anwar Ibrahim had stated the Malaysian government was against violence, oppression and atrocities of the Israeli government against Palestinians in Gaza.
He said based on Anwar's speeches in parliamentary hansards, it was clear that the government led by the prime minister is not pro-Israel.
He said Anwar, who had attended "Himpunan Malaysia Bersama Palestin" in Axiata Arena, Bukit Jalil, had said Malaysia was in support of Palestine and condemns the cruelty of the Israeli regime on Palestinians in Gaza.
The trial continues on July 29.