Sodomy 11 Trial Stayed

Sodomy II put off again for Anwar to appeal decision against dismissal

UPDATED @ 06:00:50 PM 16-08-2010

By Shazwan Mustafa Kamal

August 16, 2010

KUALA LUMPUR, Aug 16 – The High Court today granted Datuk Seri Anwar Ibrahim a stay of trial proceedings pending his appeal against a court decision earlier today by Judge Datuk Mohd Zabidin Mohd Diah.
Mohd Zabidin had earlier rejected Anwar’s application to strike out the sodomy charge against him following allegations of an affair between a prosecutor and the star witness and complainant in the Sodomy II trial.
Anwar had filed the application on August 2 to have the charges against him dropped following allegations of an affair between Mohd Saiful Bukhari Azlan and deputy public prosecutor Farah Azlina Latif.
Mohd Zabidin, however, granted the application for stay pending an appeal against his own decision, stating that “special circumstances” had been successfully established by Anwar’s defence team.
An appeal (is) not a method to delay (a) trial, (it) must have special circumstances.
“It is fairer if this matter is dealt with (by) the court of appeals before anything else… the application of stay (is) granted,” said Mohd Zabidin.
The judge fixed September 20 as a mention date to decide on when the trial should continue proper, taking into account the date of appeal which has not been fixed yet, as the notice had only been filed today by the defence team, along with the application for stay.
Anwar’s lead counsel Karpal Singh had argued that the ruling made by Mohd Zabidin in the morning was a final order, and that it had disposed of the rights of parties.
“Ruling made is one which would dispose rights of parties. If court decides charge ought to be struck out, that will be the end of the matter.
“The fact (here is) that the matter would become interlocutory if this decision was reversed at the court of appeals level,” said Karpal.
Solicitor-General II Datuk Yusof Zainal Abiden, however, insisted that Mohd Zabidin’s decision this morning was not a final order, hence the application for stay of trial proceedings did not arise.
“It is not (a) final order, so (it) not appealable. Application for stay does not arise.
Mohd Yusof said that  stay should only be granted at the end of the trial, not in the middle of trial proceedings.
Another lawyer for Anwar’s team, Sankara Nair told reporters outside court that the judge had agreed with the defence team’s arguments that should the appeal against the judge’s decision be allowed, prosecutorial and judicial time will be wasted.
“In his judgment, Mohd Zabidin said that the defence has made out special circumstances and that if the trial continued and if the appeal was subsequently allowed, much judicial and prosecutorial time would be wasted.
“There will be also be a waste of public expenses,” said Sankara.
Earlier this morning, Mohd Zabidin had in his judgment, accepted Anwar’s allegations of the affair between Saiful and Farah as the “truth”, as there had been no affidavit-in-reply by the prosecution team concerning Anwar’s claims.
The judge however added that the affidavits by DPP Mohd Hanafiah Zakaria and investigating officer Judy Pereira were sufficient enough to prove that Farah was not privy to investigation and trial documents, and that her role was only limited to taking down notes of trial proceedings.
Mohd Zabidin also said that since Farah was not responsible in conducting the interrogation of witnesses, there would be no “influence” on the part of Saiful on Farah as a result of the “affair”.
Farah has since been dropped from the prosecution team.
Fugitive blogger Raja Petra Kamarudin kick-started the affair rumours in a posting on his Malaysia Today website two weeks ago, claiming that Saiful and Farah were involved in a sexual relationship.
Anwar, the 63-year-old PKR de facto leader, is charged with sodomising Saiful at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
The former deputy prime minister has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction.
The trial is taking place 18 months after Anwar was charged in court in August 2008.
Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences.
He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008. The seat had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
MI