Saturday November 15, 2008
Anwar’s case adjourned
By LISA GOH
Anwar's sodomy trial pending appeal
KUALA LUMPUR: The prosecution has again tried to move the sodomy trial of Datuk Seri Anwar Ibrahim to the High Court.
The Sessions Court was to set a date for the trial yesterday after ruling against the prosecution’s application on Nov 7 to move the trial saying that the transfer certificate signed by Attorney-General Tan Sri Abdul Gani Patail was invalid.
But Senior DPP Mohd Yusof Zainal Abiden told Judge S.M. Komathy Suppiah that the proceedings should be adjourned pending further orders from the High Court following the prosecution’s application to revise her decision.
High Court Justice Mohamad Zabidin Mohd Diah has set Nov 20 and 21 to hear the application for the revision.
Anwar is on trial for allegedly sodomising his former aide Mohd Saiful Bukhari Azlan in Bukit Damansara on June 26.
Mohd Yusof said the Courts of Judicature Act had provisions for the case in the subordinate courts to be stayed once the High Court had called for the case records.
Anwar’s lawyer R. Sivarasa argued that it was illogical to put the proceedings on hold when the High Court had not yet revised judge Komathy’s decision on the transfer.
“What is indisputable is that the High Court has not revised Your Honour’s decision in any way to the transfer. That the High Court has called for a file is no basis for this court to stay everything here,” he said.
Sivarasa also complained that the prosecution had yet to produce the case documents – including the police reports, medical reports and chemist reports – despite having agreed to do so last week.
“The accused should be served all the documents after he is charged. Why is the prosecution holding it back?” he said, adding that it raises the question whether the documents were tampered.
Mohd Yusof said he was “very, very, very tired” with such accusations.
“I have all the documents. Whatever you say, I’ll be a gentleman and I’ll still give you the documents,” he said, adding that he had not produced the documents as there was doubt as to whether the case would be heard in the Sessions Court.
He said the Anwar trial would receive “special attention” to which Sivarasa said: “That is what we are worried about.”
Judge Komathy Suppiah said both parties should seek the direction from Justice Mohamad Zabidin on whether the case should continue in her court when the High Court hears the application for the revision. She proceeded to adjourn the hearing.
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