BERNAMA - Febuary 08 , 2000 19:41PM

KUALA LUMPUR, Feb 8 (Bernama) -- The sodomy trial of Datuk Seri Anwar Ibrahim and his adopted brother was today told that the apartment where they are said to have committed the offence was occupied only in April, 1993, a month after the offence is alleged to have been committed.

Sukma Darmawan Sasmitaat Madja, 39, the adopted brother of the former deputy prime minister and finance minister, said that he moved into Tivoli Villa in Jalan Medang Tanduk, Bukit Bandaraya, Bangsar, here, following major renovations, in April 1993.

He was testifying in his defence at the High Court here at his joint trial with Anwar, on a separate charge of sodomising Azizan Abu Bakar, 39, the former driver of Anwar's wife, Datin Seri Dr Wan Azizah Wan Ismail, at the apartment one night at 7.45pm, between January and March, 1993.

Sukma, a businessman, faces another charge of abetting Anwar in sodomising Azizan, at the same time and place.

Anwar, 52, is separately charged with sodomising Azizan, also at the same time and place.

Sukma, questioned by his defence counsel, Gobind Singh Deo, said that he was assisted in the renovations by Rahimazlan Abdul Rahim who had taken delivery of the matresses he bought for two rooms in the apartment on Feb 4, 1993.

He said that the air-conditioning, wallpaper and carpets were installed at the end of January that year.

The defence then tendered documents including the delivery order and sale and purchase agreement for the apartment, signed on Sept 15, 1992. The keys for the apartment were handed over in December 1992.

Asked why he had followed Anwar to live with him when he moved out of his father's house, Sukma said that he did so to assist Anwar as his wife was always busy.

He said that he knew Azizan when he was Dr Wan Azizah's driver and on one occasion requested his help to send his belongings to Tivoli Villa in January, 1993.

He said that Anwar visited his apartment for the first time in May or June, 1993 with Dr Wan Azizah to attend a thanksgiving function, and again in 1994, also accompanied by his wife.

Asked on a letter he wrote, apologising to Anwar, when they were detained at the Bukit Aman lock-up in September 1998, Sukma said that he obtained three pieces of paper and pen when he was at the meeting room on the 11th floor of the police headquarters.

Cross-examined by Senior Deputy Public Prosecutor Datuk Abdul Gani Patail, he said that he was left unguarded there and was not checked when he was returned to his cell.

Sukma said that he wrote the six-page letter when he was in his cell which was lighted up even at night, and threw the letter outside Anwar's cell when the lock-up guard and police officers were busy filling up forms to make arrangements for him to leave the lock-up.

He also said that his admission before the judge was made as required by the police. Hearing continues tomorrow. -- BERNAMA