Sodomy II: Appeal dismissed, High Court to hear case

PUTRAJAYA: The Court of Appeal has dismissed Opposition leader Datuk Seri Anwar Ibrahim’s appeal against a transfer order to move his sodomy trial from the Sessions Court to the High Court.

Court of Appeal judge Justices Abdull Hamid Embong, Abu Samah Nordin and Jeffrey Tan Kok Wha delivered their ruling Thursday after hearing submissions from both parties on Wednesday.

In an immediate response outside the courtroom, Anwar said he was “disgusted” by the decision.

The case had originated in the Sessions Court before judge S.M. Komathy Suppiah last year but Attorney-General Tan Sri Abdul Gani Patail later signed a certificate to transfer the case to the High Court. On Nov 7, Komathy ruled that the transfer certificate was invalid.

However, in an appeal on March 5, High Court Justice Mohamad Zabidin Mohd Diah ruled that the Sessions Court judge had erred, and ordered the case be moved.

On March 10, Sessions Court judge Rozana Ali Yusoff transferred the trial to the High Court.

The Kuala Lumpur High Court will hear on Friday Anwar’s application to compel the prosecution to provide him with documents and evidence relevant to preparing his defence for his sodomy trial, scheduled for July 8.

It will also hear Anwar’s application to strike out his sodomy charge on the same day.

Source: StarOnline

Anwar sodomy trial set for July 8

KUALA LUMPUR: The much awaited high profile sodomy trial of PKR advisor Datuk Seri Anwar Ibrahim is set for hearing on July 8.

Sources said 30 prosecution witnesses are expected to testify in the sodomy trial.

Among the key witnesses are Anwar’s former personal aide Mohd Saiful Bukhari Azlan, investigating officer DSP Jude Pereira, Hospital Kuala Lumpur doctors and condominium staff.

Anwar’s application to get certain documents for preparation of his defence will be heard on July 1.

The Opposition leader’s application to strike out his sodomy charge will be heard on July 8.

On March 10, Anwar had pleaded not guilty to sodomising Saiful, 24, at a condominium in Bukit Damansara here on June 26, last year.

At the outset of court proceedings Monday, High Court judge Justice Mohamad Zabidin Mohd Diah fixed the new date after Anwar’s lead counsel Sulaiman Abdullah applied for some time to respond to the affidavits-in-reply filed by the Public Prosecutor.

Sulaiman said it was not possible for the sodomy trial to proceed without the court disposing off related applications by Anwar.

He applied to the court to hear an application by Anwar to get certain documents for preparation of his defence, which was scheduled for yesterday to be fixed on July 1.

Last Wednesday, Anwar’s lawyer Sankara Nair had said he only received CCTV recordings, a chart on the DNA testing of Saiful, a chemist’s report, a medical examination report and Anwar’s witness statement from a senior investigating officer for preparation of his client’s case.

Sankara said there were other outstanding reports which were not supplied, including the statements by prosecution witnesses, all medical notes by Kuala Lumpur Hospital doctors who examined Saiful, related photographs with respect to Saiful’s physical examination and video recordings of Saiful when he gave his statement to the police.

Sulaiman also asked the court to set a new mention date for Anwar’s application to strike out his sodomy charge, which was scheduled for hearing on Friday.

“In view of the necessity of these two applications to be disposed of, I apply to your lordship to exercise your power to vacate the sodomy hearing which was scheduled at this High Court on July 1,” he said.

Sulaiman told the judge he would file his documents by June 29 in relation to Anwar’s application to get documents under Sections 5, 51 and 51A of the Criminal Procedure Code.

Sulaiman said his client’s appeal against Justice Mohamad Zabidin’s ruling to transfer the sodomy trial from the Sessions Court to the High Court was pending at the Court of Appeal.

Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden said he had no objections over adjournment of the hearing of the application Monday.

Mohd Yusof said the respondent (Public Prosecutor) also needed time to observe and file an affidavit-in-reply over detailed documents filed by Anwar in relation to his striking out application over sodomy charge.

He asked for the court to excuse the witnesses’ attendance on July 1.

SOURCE: StarOnline

Mahathir’s Confession: “I fixed Anwar and sent him to the slammer”

from Din Merican: the Malaysian DJ Blogger by dinobeano

June 21, 2009

As Anwar faces his latest attack on his reputation by a contrived Sodomy 2 trial in July, 2009, we should recall what Mahathir said he did in 1998 which resulted in his Deputy Prime Minister going to gaol in Sungei Buloh. Anwar was incarcerated there for 6 Years under solitary confinement. By God’s Grace, he was set free in 2004 and is now a political force, Harapan Baru Untuk Malaysia which is sending shivers down Najib’s spine (and Rosmah’s too).

Today, Najib and his political advisers are shamelessly repeating the Mahathirian approach of “finishing off” political rivals, imagined or otherwise. Sodomy 2 involving a confused young man by the name of Saiful Bukhari is a repeat of 1998, using the same script. And it won’t work with Malaysians this time around because we cannot be fooled for a second time. Let us listen to Mahathir’s confession. —Din Merican

Sodomy trial: Anwar applies to strike out charge

By M. MAGESWARI

KUALA LUMPUR: Opposition leader Datuk Seri Anwar Ibrahim has applied to the High Court here to strike out his sodomy charge.

The PKR adviser is also seeking for a court order to stay his sodomy trial which was set to begin on July 1.

Anwar’s lawyer Sankara N. Nair said the application was made on the basis that the entire charge was “a travesty, a complete farce and has absolutely no basis.”

“There is no case against my client. We maintain that this whole exercise of charging our client is a political conspiracy,” he told reporters at the Jalan Duta court complex here on Wednesday.

Sankara filed a notice of motion and a supporting affidavit affirmed by Anwar at 4:30pm at the High Court criminal registry Wednesday.

On March 10, Anwar had pleaded not guilty to sodomising his former personal aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara here on June 26, last year.

So far, Sankara said he had only received several documents from a senior investigating officer at 4pm on Tuesday for the preparation of his client’s defence.

The documents, he said, were CCTV recordings, a chart on DNA testing of Saiful, a chemist report, a medical examination report and Anwar’s witness statement.

Sankara said there were other outstanding reports which were not supplied to them until Wednesday.

These included the statements by prosecution witnesses, all medical notes by Kuala Lumpur Hospital doctors who had examined Saiful, photographs related to Saiful’s physical examination and video recordings of Saiful when he gave his statement to the police.

Sankara said he had sent letters dated Jan 19, March 5 and April 29 respectively to the authorities requesting the outstanding documents be supplied to him for the preparation of the case but to no avail.

In the notice of motion filed on Wednesday, Anwar asked the court to hear his application on an urgent basis.

Anwar, who named the Public Prosecutor as respondent, is seeking to get a court order to immediately quash his sodomy charge.

He is applying to the court to order for his acquittal and a discharge, and is seeking a stay of the sodomy trial pending the disposal of the application.

He is also asking for further relief deemed fit by the court.

In his supporting afidavit affirmed on June 17, Anwar said his sodomy charge and the prosecution against him was mala fide (bad intent), tantamount to oppression and an abuse of the court process.

Anwar contended that the sodomy charge against him was a political conspiracy and was in bad faith.

He claimed that the prosecution still intended to continue to prosecute him although there was substantial evidence from experts which reject the sodomy incident.

Anwar, 62, had on June 10 filed an application at the High Court to order the prosecution to provide him with all related documents pertaining to his sodomy case as soon as possible.

This application is set for hearing next Monday before High Court judge Justice Mohamad Zabidin Mohd Diah.

Source: StarOnline