Anwar sodomy trial delayed to July 15 (Updated)

By M. MAGESWARI, LISA GOH and NURBAITI HAMDAN, The Star

The much awaited high profile sodomy trial of PKR adviser Datuk Seri Anwar Ibrahim was again delayed because his lead counsel Sulaiman Abdullah had to extend his medical leave.

The High Court set July 15 to hear the Opposition leader’s application to obtain certain documents to prepare for his defence, and the same day to hear his application to strike out the charge.

At the court proceedings Wednesday, Anwar’s lawyer Edmund Bon told High Court judge Justice Mohamad Zabidin Mohd Diah that Sulaiman was not available due to ill health.

“Sulaiman is still in the (KL Hospital) for observation. We have written a letter to the court to explain his medical reasons. Even Sulaiman did not want to delay the trial,” he said.

Bon said the defence had filed written submissions for the application to get documents last Friday and intended to file more papers for that purpose.

He applied to the court for an extension of the time to reply to the submissions by the prosecution.

Lead prosecutor Solicitor-General II Datuk Mohd Yusof Zainal Abiden said he was concerned over Sulaiman’s health but the trial had to proceed.

Yusof said the trial was of public interest and should not be delayed further.

Another of Anwar’s lawyers, R. Sivarasa, said that the hospital had issued a certificate stating that it hoped to “complete investigations” into Sulaiman’s condition this week and would determine his ability to attend court “in due course.”

Sivarasa said the court should take note of the hospital’s uncertainty over Sulaiman’s condition.

Defence lawyer Sankara Nair added that Sulaiman had been transferred from Pantai Hospital to KL Hospital on July 6 to be examined over his episodes of sudden giddiness.

Justice delayed

On March 10, Anwar 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.

The trial proper was originally scheduled to begin on July 1, but it was rescheduled to hear Anwar’s application for the documents on that day.

The trial was again delayed to July 3 when the Court of Appeal heard Anwar’s appeal against the transfer of the trial from the Sessions Court to the High Court.

On July 3, Sulaiman applied for an adjournment to seek medical treatment.

Justice Mohamad Zabidin then fixed July 8 to hear the matter, and to hear his application to strike out his sodomy charge, and if necessary, to hear the trial proper.

Bid to disqualify prosecution team

Speaking to reporters later Wednesday, Sankara said Anwar wanted Sulaiman to handle his case, adding that “it is his right to a counsel of his choice.”

He said Anwar would also file an application this week to disqualify the entire prosecution team on the grounds that they had “received instructions” from Attorney-General Tan Sri Abdul Gani Patail.

“It is unfair prosecution by Gani. It is tainted. Any new team members who take over, would still be under the instruction of Abdul Gani — as such, they should also not take part,” he said.

He said a letter of demand had been served to the prosecution team last Friday.

In his supporting papers which were supplied to the media Wednesday, Anwar said he would file the application on the grounds that his prosecution was mala fide (of bad faith) and part of a political conspiracy.

Anwar claimed that the prosecution had given him a misrepresentation with the intention to confuse and prejudice his defence.

He also claimed that the prosecution team was aware of Abdul Gani’s involvement in the 1998 “blackeye” incident, and added that Abdul Gani’s signature on the transfer certificate to move his sodomy trial to the High Court showed that the A-G was still actively involved in his case now.

Speaking to reporters later, Anwar — who was accompanied by his wife Datuk Seri Dr Wan Azizah Wan Ismail — expressed his disappointment over the prosecution’s bid to proceed with the trial, saying that he just asked for a few days’ adjournment for his counsel to recover.

Anwar also questioned the prosecution’s method of supplying the necessary documents “in stages.”

“It is my entitlement under the law, but it was made difficult and I had to make numerous attempts to obtain the documents.

“It is a mockery of the system,” he said with regard to the supply of the items, which include CCTV recordings.

PKR man arrested

Anwar and Dr Wan Azizah arrived at the High Court 3 here at 9am.

His supporters who had gathered were barred from entering the courtroom. Police were also seen barricading the courtroom with tables.

Anwar left the courthouse amidst the cheering of supporters at about 9.40am.

A Perak PKR member, Tan Kim Huat, was arrested by police for distributing CDs entitled “Bubar DUN” (Dissolve the state assembly), in reference to the political fiasco in Perak. He was taken to the Sentul police headquarters.