Anwar's appeal for proof now Oct 23
UPDATED
By Debra Chong
PUTRAJAYA, Sept 1 — Opposition Leader Datuk Seri Anwar Ibrahim’s (picture) bid to get more proof for his Sodomy II trial will now be heard on October 23 instead of November 3.
The Court of Appeal deputy registrar, Jumirah Marjuki, suddenly brought forward the date to hear both the public prosecutor’s appeal to stop Anwar from getting any evidence as well as his cross-appeal, less than three hours after fixing the date.
No reason was given for the change, Anwar’s lawyer, Sankara Nair told The Malaysian Insider.
Nair had earlier told reporters the defence team also wants extra material, which they claim to be highly crucial to the trial, specifically the original DNA samples taken from the accused and his accuser, a 24-year-old former male aide.
The High Court in Kuala Lumpur had earlier in July allowed the PKR adviser the right to get his hands on pre-trial documents and a round-the-clock closed circuit television (CCTV) recording said to show Mohd Saiful Bukhari Azlan going into his apartment in June last year.
Anwar’s trial date, originally fixed to start on July 1, will be decided by the KL High Court tomorrow.
The date falls on the 11th anniversary of the politician’s sacking as deputy prime minister and which pushed the rise of the pivotal “Reformasi” movement.
Nair said it is likely to be delayed to after November, in light of the latest development.
A deputy public prosecutor from the Attorney General’s Chambers also agreed, but added that the prosecution could still apply to start it earlier.
Anwar, who recently celebrated his 62nd birthday on Aug 10, was slapped with a sodomy charge for the second time in his career last year, just before he made his political come-back as the MP for Permatang Pauh in Penang.
The man who would be premier was convicted of sodomy in 2000 after a marathon trial that lasted over a year. He spent six years behind bars before the verdict was overturned.
If found guilty, Anwar will once again be sent to jail, effectively ending his once-meteoric career.
Sodomy, even when consensual, is classified as “sex against the order of nature” and is a crime in Muslim-majority Malaysia.
The PKR adviser maintains he is innocent and that the charges were concocted to prevent his fledgling Pakatan Rakyat bloc from taking over the federal government.
He has also filed several separate suits to strike out the charges against him as well as to kick out the entire prosecution team.
Further submission on Anwar’s leave application on Sept 3
KUALA LUMPUR, Aug 28 — The High Court has set Sept 3 for further submission by Datuk Seri Anwar Ibrahim’s counsel on his application for leave to disqualify the entire prosecution team from his Sodomy II trial.
Justice Datuk Alizatul Khair Osman Khairuddin fixed the date in her chambers after hearing the initial submission by Anwar’s lead counsel R. Sivarasa.
Sivarasa told reporters that today’s submission focused more on technical points and merits of the application.
"We also submitted what had prompted the defence team to ask the entire prosecution team to be disqualified," he said.
Meanwhile, senior federal counsel See Mee Chun said she would raise the Attorney-General Office's preliminary objection to the leave application.
On Aug 11, Anwar filed an application to disqualify the entire prosecution team in his sodomy case, citing "a real danger of bias" as one of the grounds.
He named Solicitor-General I Datuk Idrus Harun, Solicitor-General II Datuk Mohamed Yusof Zainal Abiden, deputy public prosecutors Datuk Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Shamsul Sulaiman and Noorin Badaruddin, the Public Prosecutor and the Government, as respondents.
Anwar contended that Attorney-General Tan Sri Abdul Gani Patail, in signing the Section 418A certificate, was strongly indicative of the fact that he was the person behind the scenes "pulling and manipulating the strings of the prosecutors to his tune."
Among others, he is seeking for a declaration that the prosecution team which handled his sodomy case was not qualified to represent the Public Prosecutor and/or conduct any proceeding or appeal against him.
Anwar, 62, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara here on June 26 last year.
The High Court fixed Sept 2 for mention of the sodomy trial. — Bernama
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