Sukma freed of sodomy charge
Malaysiakini
Nov  6, 2006
Wong Yeen Fern

The Kuala Lumpur Sessions Court today freed Sukma Darmawan Sasmitaat for sodomy after the charge was withdrawn.

He had been accused of allowing his adopted brother and former deputy premier Anwar Ibrahim to sodomise him in April 1998 at the latter’s residence in Jalan Damansara, Kuala Lumpur.

In September 1998, the Indonesian-born Sukma had confessed to allowing Anwar to sodomise him and pleaded guilty to the charge. He was subsequently sentenced to six months imprisonment.

On June 14 this year, the Court of Appeal described his guilty plea as “manifestly unsafe” because of suppression of material facts which could have proven his innocence. The court then ordered a re-trial.

However, this morning the prosecution said the charge was withdrawn for humanitarian reasons and in consideration of the fact that the case has dragged on for eight years.

Nevertheless, DPP Mohd Hanafiah Zakaria pointed out that Sukma had, during the trial, told the court that he had pleaded guilty in order to reduce the jail sentence.

Under Section 377(d) of the Penal Code, he was liable to a maximum jail sentence of 20 years, a fine and/or whipping.

Defence counsel Gobind Singh Deo (photo) objected to the DPP’s statement as an attempt to hurt Sukma and tarnish his name.

Lawyer Sankara Nair, who is holding a watching brief for Anwar, also objected, saying the case should be closed without any further statements being made by the prosecution.

“If the charge is withdrawn, there is no need for the DPP to submit this kind of statement to the court,” he said.

Gobind asked the court to instruct the prosecution to withdraw the statement, but judge Nursinah Adzmi did not respond to the request.

She recorded the withdrawal of the charge under Section 254 (1) of the Criminal Procedure Code, on grounds that no new evidence had been found, and discharged Sukma under Section 254(3).

Met outside the court room, Sukma, 45, expressed relief that the case had ended.

“I am not 100 percent happy because of the statement (by the DPP), but I thank god that I am free,” he told reporters.

Gobind said Sukma could not be re-charged with the same offence.

“I can describe this as a bittersweet victory. We appreciate the fact that the charge has been withdrawn, but we’re sad with the conduct of the DPP and Attorney-General’s Chambers in having read the statement to the court,” he said.

The defence team will now consider whether or not to pursue legal action against the government, after discussing the matter with Sukma.

AG must apologise

Meanwhile, Anwar said he was grateful with the turn of events today.

“I am grateful after eight years of being falsely accused and oppressed, the attorney-general has chosen to withdraw the charge against Sukma Darmawan and myself,” he said in a statement.

He added that the AG, Abdul Gani Patail - who was personally involved in the 1998 conspiracy - should apologise for the excesses of the Attorney-General's Chambers and himself.

“In spite of that, he continues to hide behind technicalities and insult the legal process.

“Once more, I pray and hope that oppression will not be repeated in our country and change is implemented to restore the credibility of the government and the establishment,” he added.