Sukma pleads not guilty, given bail
Malaysiakini
Jun 15, 2006
Arfa’eza A Aziz and Wong Yeen Fern

Unlike eight years ago, Indonesian-born Sukma Darmawan Sasmitaat Madja was a picture of calm today when he appeared at the Kuala Lumpur Sessions Court to answer a sodomy charge involving his adopted brother, former deputy premier Anwar Ibrahim.

Gone was the nervous expression seen on Sept 19, 1998, when he claimed to have been pressured into pleading guilty to the charge.

Sukma was accused of allowing Anwar to sodomise him at the latter’s official residence in Damansara, Kuala Lumpur in April 1998.

Standing with confidence in the dock and represented by Gobind Singh Deo - a lawyer of his choice unlike the one in his first trial - Sukma told the court this morning: “I do not want to plead guilty. I claim trial.”

His two elder sisters appeared concerned when Sukma was briefly placed in the court’s lock-up while awaiting for the documentation on his RM10,000 bail to be prepared. 

Eight years ago Sukma was jailed for six months after pleading guilty to the same charge under Section 377D of the Penal Code, which carries the maximum penalty of 20 years jail, fine and/or whipping.

His lawyer then Mohd Nor Don - who was appointed by the police - had tendered a confession signed by Sukma in support of the plea.

It was only much later that he revealed that the confession was signed under duress and that his plea of guilt was not made voluntarily.

Yesterday the Court of Appeal quashed the conviction and sentence after ruling that it was “manifestly unsafe” as there was a suppression of evidence on the part of the prosecution.

Sukma - a broken man

In today’s proceeding, after recording his claim of trial, Sessions Judge Nursinah Adzmi set two weeks for hearing beginning Nov 6.

The court also allowed Gobind’s request that Sukma’s international passport not be withheld - a bail condition made in the past.

In making the request, the lawyer told the court that Sukma was slowly re-building his life in Jakarta where he runs a carpet business with his mother.

“He went through so much suffering since 1998. He has been through hell facing trials that came one after another. He is a broken man. After his arrest his business collapsed and he is now trying to start over with his mother,” said Gobind (right).

He assured the court that Sukma will not jump bail and that his past records show that he never skipped any proceedings even after he was released on bail.

“He was present at every single hearing, He has been detained in prison. He has served it all and yet he is still here obediently coming to court because he wants to clear his name. Please have some compassion. If he is forced to remain in Malaysia, his nightmare will start all over again. Let the man start his life all over again,” he added.

Sexual predator

DPP Suhaimi Ibrahim told the court that it can only set bail if it is convinced that Sukma will not jump bail.

“The intention of bail is to ensure the attendance of the accused in court. Similarly on the passport condition, the court need not impose it if it is confident that the accuse will not breach the bail. The prosecution leaves the matter to the court’s discretion,” he said.

Gobind assured the court that there is no possibility of Sukma jumping bail stating that the case is of ‘national interest’.

“It is case of national interest because of the personality involved - former deputy premier Anwar Ibrahim who has gone through a national and international crusade that he was never the sexual predator that (former prime minister) Dr Mahathir (Mohamad) and his then regime accused him of.

“The accused is prepared to go through the hearings so that he can put the entire episode behind him,” said the lawyer.

Sukma's business partner, Rahim Mazlan, posted the bail.

Mahathir had sacked Anwar - his then heir-apparent - in September 1998 over a series of allegations including corruption and sodomy.