Wednesday November 4, 2009
Hearing of Anwar’s application on Nov 23
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.
Justice Mohamad Zabidin Mohd Diah also fixed the same day to mention Anwar’s sodomy trial.
Solicitor-General II Datuk Mohd Yusof Zainal Abiden applied yesterday for the application to be heard, saying that the Court of Appeal would rule on Friday the prosecutor’s appeal on the supply of documents and DNA samples to Anwar.
Anwar’s counsel, R. Sivarasa, submitted that the ruling on the documents would have direct value over the application and it was for this reason that the defence team had asked for a mention date earlier.
Justice Mohamad Zabidin said he would wait for the decision of the Court of Appeal on Friday.
“I do 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.
When court proceedings resumed after a short adjournment, Mohd Yusof said both parties had agreed for the hearing of the application this month.
When 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 if the application was heard a day before Hari Raya Haji.
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 applying to get certain documents from the prosecution. The ruling was stayed on July 24 pending the disposal of a cross-appeal by both parties.
The prosecution 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 on Friday if Anwar will get the documents and DNA samples he claims are crucial to his defence in the sodomy trial.
Anwar’s bid to set aside a written statement by the prosecution in the sodomy trial will be mentioned on Dec 15 at the High Court (Appellate and Special Powers).
Justice Lau Bee Lan set a new date to mention the leave application for a judicial review by Anwar after meeting both parties in chambers yesterday.
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