Published: Monday June 29, 2009 MYT 10:21:00 AM
Updated: Monday June 29, 2009 MYT 12:44:57 PM

Appeal Court to hear Anwar's sodomy trial transfer appeal Tuesday

BY M.MAGESWARI and LISA GOH

PUTRAJAYA: The Court of Appeal will hear Opposition leader Datuk Seri Anwar Ibrahim’s appeal over the transfer order of his sodomy trial from the Sessions court to the High Court on Tuesday.

Court of Appeal judge Justice Abdull Hamid Embong, who sat with Justices Abu Samah Nordin and Jeffrey Tan Kok Wha, set the new date to hear the matter after both parties applied to file in their written submissions.

Anwar’s lead counsel Sulaiman Abdullah told Justice Abdull Hamid that his client also had to attend the Parliament sitting which was expected to debate the Judges Code of Ethics Bill.

Lead prosecutor, Solicitor-General II Datuk Mohd Yusof Zainal Abiden, applied for the case to be adjourned to file the papers.

The court granted the adjournment and fixed to hear the matter at 2.30pm.

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

The case had originated in the Sessions court before judge S.M. Komathy Suppiah last year, before Attorney-General Tan Sri Abdul Gani Patail signed a transfer certificate to move the case to the High Court.

On Nov 7, last year, Komathy Suppiah ruled that the transfer certificate, signed by Abdul Gani to move the case, was invalid.

On March 5, High Court Justice Mohamad Zabidin Mohd Diah ruled that the Sessions judge “had erred”, and ordered the case to be moved.

Anwar’s application to compel the prosecution to provide him with certain documents for the preparation of his defence will be heard before Justice Mohamad Zabidin Wednesday (July 1).

The High Court will also hear Anwar’s application to strike out his sodomy charge on July 8. The sodomy trial is fixed to be heard on the same day.

Some 30 prosecution witnesses are expected to testify in the sodomy trial, including Mohd Saiful, investigating officer DSP Jude Pereira, Kuala Lumpur Hospital doctors and the condominium staff.

Speaking to reporters on Monday, Anwar, 62, said he respected the “due process of the court”.

On another matter, he also expressed confidence that PAS would be able to retain its Manek Urai seat in the coming by-election despite person attacks on PAS spiritual leader Datuk Nik Aziz Nik Mat.

“This shows that they (Barisan Nasional) feel threatened by Nik Aziz. I’don’t think it is healthy practise.

“He is a well-respected figure,” he said.