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Wednesday, 20 January 2010 19:05
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| Anwar's Sodomy Trial Postponed to Feb 2 | | Print | |
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PUTRAJAYA, 20 JAN, 2010: Datuk Seri Anwar Ibrahim's much-awaited second sodomy trial, scheduled for Jan 25, has been moved to Feb 2 pending the Federal Court's decision on his appeal to procure documents related to the case.
Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court judges Datuk Md Raus Sharif and Datuk Abdull Hamid Embong failed to reach a conclusion today and deferred their decision to Jan 29.
They down for about 40 minutes to deliberate after hearing submissions from Anwar's counsel, Karpal Singh, and Solicitor-General II Datuk Mohamed Yusof Zainal Abiden.
When the hearing resumed, Arifin informed the parties that they were unable to make a decision today and needed one week to do so.
Arifin said the sodomy trial could proceed on Feb 2 after their verdict.
Anwar, 63, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara, Kuala Lumpur on June 26, 2008.
Earlier, the Court of Appeal had allowed the prosecution's appeal and denied Anwar access to the documents.
Anwar wants the court to compel the prosecution to supply, among others, recorded witness statements of complainant Mohd Saiful Bukhari Azlan, Dr Osman Abdul Hamid, of Pusrawi Hospital and condominium owner Hassanuddin Abdul Hamid, statements of three doctors from the Kuala Lumpur Hospital and the chemist's notes and medical reports.
The High Court granted him all the documents except the DNA specimen sample from Mohd Saiful.
Karpal Singh raised a preliminary objection today, contending that the High Court's decision was not appealable because it was only a ruling in the course of a court proceedings which did not finally dispose of the rights of the parties in the case.
Therefore, both the prosecution's appeal and Anwar's cross- appeal in the Court of Appeal should be rendered nugatory because the High Court's ruling was not appealable, he said.
He also said that the Court of Appeal and Federal Court should not intefere with the High Court judge's discretionary power to grant Anwar access to the documents.
He said Anwar only wanted copies of the documents and not the original.
Yusof submitted otherwise, saying that the High Court's decision was appealable because it was an order and not a ruling.
An order given by a court pursuant to Section 51 of the Criminal Procedure Code on procurement of documents was considered a final order, he said, urging the Federal Court to uphold the Court of Appeal's decision.
Anwar was not present in court. |