Charging SAC 1 Musa Hassan as "lying in the face of the court" Anwar's defence cousel Karpal Singh, visibly angry, said trial judge Datuk Arifin Jaka should take immediate action and put the man behind bars.
Arifin then adjourned the hearing to 2.30pm and ordered Karpal to furnish him with authorities before pursuing with the application.
Attorney General Tan Sri Mohtar Abdullah, who is leading the prosecution, did not object to the application.
The matter arose after Musa, during cross-examination by Karpal, was asked why he did not send Azizan Abu Bakar, who accused Anwar and his adopted brother Sukma Darmawan Sasmitaat Madja of sodomising him, for medical examination.
Musa, while admitting that he did not send Azizan for the
check-up, said the examination was unnecessary because the
alleged incident took place "some five years" from the date the first complaint was made by Azizan.
Furthermore, he said, the medical books which he referred to, stated that "traces would no more be found on a victim of rape or sodomy after a long period of time".
When Karpal asked Musa whether through his experience, the police need not have to send such victims after five years of the alleged incident, Musa reversed his statement and said no.
Anwar, 52, the former deputy prime minister and former finance minister and Sukma, 38, were initially charged with sodomising Azizan at No 10-7-2 Tivoli Villa, Jalan Medang Tanduk, Bangsar here in May 1994.
The date in the charge was later amended to May 1992 and re-amended to the present charge of between January and March 1993.
Apart from that charge, Sukma, a businessman, faces a second charge of abetting Anwar in committing the offence.
Upon hearing Musa's evidence, Karpal said the court should stop the proceedings immediately because if Musa was in contempt of court, he should not be allowed to carry on with his testimonies.
"It's not a laughing matter, Musa," said Karpal to Musa who was seen smiling. "Senior officers cannot come to court to lie and the judges seem to allow it..." continued Karpal.
"Karpal! I'm not saying that I'm not listening to you. I'll give you 10 minutes and you show me the authorities. If you want, I'll give you until this afternoon," said Arifin to which Karpal quipped "Or give me two days..."
"If it is in the afternoon, I have no objections," said Mohtar.
Asked to name the books he referred to, Musa said they were "Clinical Forensic Medicine" and "The New Police Surgeon" which he added he could make available to the court.
Earlier, Musa told the court that he understood the significance of a notice of alibi.
He concurred with Karpal that a person who made an accusation
may not be telling the truth if investigations carried out later
proved that the notice of alibi which was submitted by the oppossing party was found to be true.
(In this case, the charges against Anwar and Sukma were
re-amended for the second time after the defence sent a "notice
of alibi" to the Attorney-General's Chambers, saying that the charges could not hold because the building of Tivoli Villa
apartment units were still in progress in 1992).
Musa said pursuant to receiving the notice from AG's Chambers, he investigated and found that the building of the apartment was in fact not completed yet.
He said he then informed the matter to Datuk Yaacob Mohamed Amin who is the Criminal Investigation Department director who then informed the Chambers.
To another question from Karpal, Musa said Azizan first revealed that he was sodomised by Anwar and Sukma on Aug 18, 1997, through a statement which was recorded by another police officer, ASP Mazlan.
When asked whether the amended charge was made based on this statement, the witness replied in the negative.
He said the basis for that charge was made after police
investigated the book "50 Dalil Mengapa Anwar Tidak Boleh Jadi
PM" and based on another statement from Azizan recorded in 1998 by ASP Rodwan Mohamed Yusof.
Musa said despite having recorded a statement from Azizan in 1997, the police found no basis to charge them.
Asked whether he, being the investigating officer, made any
recommendation for Azizan to be charged for sodomy,
Musa said : No.
Karpal: Was there prima facie that he (Azizan) had made a false statement?
Karpal: So, what he said was the truth and nothing but the truth...? (Laughter from the gallery).
Karpal: But the charge was amended as a result of the notice of alibi?
Karpal: Despite the truth, it was amended?
Musa also said that although he had vast experience in handling the investigations into rape cases, he had never handled sodomy cases.