Anwar to know on Nov 6 if he gets key sodomy evidence
By Debra Chong, The Malaysian Insider
The Court of Appeal will deliver its decision on Nov 6 whether opposition leader Datuk Seri Anwar Ibrahim has the right to get key evidence for his new sodomy charge, including crucial DNA samples, before the start of his trial.
The three-man panel of judges, led by Datuk Hasan Lah, explained today that they needed time to think over the arguments presented this morning by both the prosecution and defence lawyers.
The on-going trial has been a distraction for Anwar, who successfully lead an alliance PKR, DAP and PAS to win four more states and 82 parliamentary seats in Election 2008, snapping Barisan Nasional’s customary two-thirds parliamentary majority.
Solicitor-General II Datuk Yusof Zainal Abiden had earlier said that Kuala Lumpur High Court judge Datuk Mohamad Zabidin Mohd Diah, sitting in Anwar’s trial, had gravely made a mistake when he ordered the prosecution to hand over several key proofs to the defence before trial.
The sodomy trial has been a distraction for Anwar. — File pic
Yusof argued that under criminal law, the High Court judge did not have the authority to make that decision and appealed for the three-man Bench to reverse the decision.
It was the prosecution’s call to supply the defence with certain documents, if any, that were in its favour, and there is none, he added.
Anwar’s defence lawyers, however, claimed the law provided for the opposite.
R. Sivarasa countered that the judge had the discretion and had used it correctly to interpret the provisions in the Criminal Procedure Code (CPC) to award the proofs so the defence could better prepare for the trial when it starts.
He also pushed the appeal court judges to allow the defence to get extra proofs, notably the original DNA samples taken from Anwar and his complainant, former 24-year-old male aide Mohd Saiful Bukhary Azlan.
