Bar Council chairperson Ragunath Kesavan has joined the chorus of critics in expressing his disappointment over several recent court decisions in the Anwar Ibrahim's sodomy trial which denied the defence access to documents that could be used as evidence.
Ragunath said, "We are of the view it is paramount consideration for the court in determining the truth so justice is, and seen, to be served. It is the responsibility of all parties, including the judge, to ensure that the prosecution complies with full disclosure in terms of the information provided to the parties involved, and produced it in court. In addition, a witness who takes the stand in a trial, whether called by the prosecution or the defence, is under an obligation to be independent and to speak the whole truth."
According to Ragunath, the judge could make an informed decision on the credibility of the witnesses, and the weight to be given to their testimony only after all these elements are present.
Ragunath said, "We are of the view it is paramount consideration for the court in determining the truth so justice is, and seen, to be served. It is the responsibility of all parties, including the judge, to ensure that the prosecution complies with full disclosure in terms of the information provided to the parties involved, and produced it in court. In addition, a witness who takes the stand in a trial, whether called by the prosecution or the defence, is under an obligation to be independent and to speak the whole truth."
According to Ragunath, the judge could make an informed decision on the credibility of the witnesses, and the weight to be given to their testimony only after all these elements are present.
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