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Published: Tuesday November 3, 2009 MYT 9:55:00 AM
Updated: Tuesday November 3, 2009 MYT 1:37:21 PM

Court sets Nov 23 to hear Anwar's application (Update)

By M. MAGESWARI


KUALA LUMPUR: The High Court has set Nov 23 to hear an application by Opposition leader Datuk Seri Anwar Ibrahim to strike out his sodomy charge.

High Court judge Justice Mohamad Zabidin Mohd Diah also fixed the same day for mention of the PKR adviser’s sodomy trial.

On Tuesday, Solicitor-General II Datuk Mohd Yusof Zainal Abiden applied for the court to hear the striking out application, saying that the Court of Appeal would rule on Friday over the supply of documents and DNA samples to Anwar.

Anwar’s counsel, R. Sivarasa, however, submitted that the ruling over the documents would have direct value on the striking out application and it was the reason for the defence team to ask for a mention date earlier.

“That will be the position. If you fix a hearing date, it will be pending the outcome of an appeal,” he said.

Upon hearing this, Justice Mohamad Zabidin said he would only wait for the decision by the Court of Appeal on Friday.

“I did not see any harm in fixing a date to hear the application next week. I want to hear the application if the parties are ready,” the judge said.

Anwar’s lead counsel Raja Aziz Addruse asked for a short adjournment, which was granted by court.

When the court proceedings resumed, Mohd Yusof said both parties had agreed for the hearing of the application this month.

Upon being queried by the judge, Anwar, who was seated at the public gallery with his wife Datuk Seri Dr Wan Azizah Wan Ismail, smiled and said he had no objections to the application being heard a day before Hari Raya Haji. Those seated in the public gallery broke into laughter.

Justice Mohamad Zabidin immediately set the date to hear the application.

“If you want to take the matter to the Federal Court, you can do so within this date,” the judge told both parties, which agreed.

On March 10, Anwar, 62, claimed trial to sodomising his former personal aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara here on June 26, last year.

Anwar had on July 16 succeeded in his bid to get certain documents from the prosecution. The ruling was stayed on July 24 pending the disposal of a cross-appeal by both parties over the matter. The prosection appealed against the High Court ruling to supply certain documents to Anwar while the PKR leader appealed for DNA samples taken from the complainant.

The Court of Appeal will rule this Friday if Anwar will get documents and DNA samples he claims are crucial for his defence.

Anwar’s bid to set aside a written statement by the prosecution that there were no facts favourable to him in his sodomy trial will be mentioned on Dec 15 at the High Court (Appellate and Special Powers).

In her chambers Tuesday, Justice Lau Bee Lan set the new date to mention the leave application for a judicial review by Anwar after meeting both parties.

Anwar, who named DPP Mohamad Hanafiah Zakaria, the Public Prosecutor and the Government as respondents, is seeking for leave to get a declaration that the statement handed over to him on June 24 was invalid.

Mohd Saiful was present at the court on Tuesday with his father Azlan Mohd Lazim and lawyer Zamri Idrus.

Speaking to reporters later, Mohd Saiful said he had come to see the development of the case, adding that he was ready to testify.

“I have been ready for a very long time to give evidence, at any time even if the court sets the date for tomorrow,” he said.

He asked the parties involved in the case to expedite the proceedings so that he could testify as soon as possible and hoped Anwar would not make any more excuses in the matter.

“I have been waiting for about one-and-a-half years. My fiancee and family have been very patiently waiting for the trial date so that the truth can be upheld,” he said.

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