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?

 Musa: No.

 Karpal: So, what he said was the truth and nothing but the  truth...? (Laughter from the gallery).

 Musa: Yes.

 Karpal: But the charge was amended as a result of the notice of  alibi?

 Musa: Yes.

 Karpal: Despite the truth, it was amended?

 Musa: Yes.

 Musa also said that although he had vast experience in handling  the investigations into rape cases, he had never handled sodomy  cases.

 -- BERNAMA