DATUK SERI ANWAR'S SODOMY TRIAL

NOTICE : My earlier report that the Court of Appeal will meet 9am tomorrow is INCORRECT. Apologise for the misquote.

The long-awaited trial of Anwar Ibrahim on charges of sodomising a former aide was postponed for about five hours Tuesday before the High Court finally ruled that it will start on Wednesday.

The trial was due to start in the morning but was postponed pending a decision by another court whether the defence has the right to study in advance the evidence that the prosecution plans to unveil.

Judge Mohamad Zabidin Mohd Diah had allowed a request by Anwar’s lead counsel Karpal Singh to adjourn the proceeding until the afternoon.

Anwar had wanted the documents to assist him in his defence against the charge of sodomising former aide Mohd Saiful Bukhari Azlan, 25, at a condominium in Bukit Damansara here more than a year ago.

Rushed to Putrajaya to meeet CJKarpal and Solicitor General II Mohamed Yusof Zainal headed to Putrajaya after the court adjourned to meet Chief Justice Zaki Azmi to request for an early date to hear the review.

However, Zaki Azmi was not at his office and, instead, asked Court of Appeal president Alauddin Mohd Sheriff to meet both parties Wednesday to set a date to hear Anwar’s review application against the Federal Court ruling last Friday which denied him access to certain documents to prepare his defence.

In the review application, Anwar claims that the Federal Court had erred in law in holding that the ruling of the High Court in granting him access to documents and materials was a final order.

“The Federal Court in review must put right what is obviously wrong, to ensure a fair trial,” Anwar said in his affidavit to support his application.

He added that injustice had been done to him, and that he would be “severely prejudiced” should he be denied the material and documents he claims are vital for the preparation of his defence.

Three-man bench

Judge Mohd Zabidin...decided on trial date“I respectfully state that I have made out an exceptional case for the court to act as the decision of the Federal Court has occasioned an injustice which needs to be rectified and prevented,” he said.

Last Friday, the Federal Court unanimously upheld the Court of Appeal’s ruling and denied Anwar access to the documents he sought.

The three-man Bench of the apex court -- Chief Judge of Malaya Arifin Zakaria and Justices Md Raus Sharif and Abdull Hamid Embong -- ruled that prior to the start of the trial, Anwar was only entitled to documents and materials pertaining to the charge, which had already been provided to him.

The Bench ruled that at this pre-trial stage, a roving fishing enquiry for evidence was not permissible.

At about 2.30pm Tueday Mohamad Zabidin announced that there was no special circumstances to warrant a stay. He quashed the application by the defence team.

Anwar has long maintained that the allegation against him is a conspiracy by his enemies to end his political career.

news courtesy of Malaysian Mirror