Opposition Leader Anwar Ibrahim will file an application for the whole prosecution team to be disqualified from his sodomy trial.

anwar sodomy 2 duta court hearing pkr leaders 080709 16 The application asks that the entire prosecution team - consisting of Solicitor-General Idrus Harun, Solicitor-General II Mohd Yusof Zainel Abidin, Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Ching Kiat and Shamsul Sulaiman - be disqualified from conducting the trial.

Anwar's counsel, S Sankara Nair (right) told reporters outside the court today that a copy of their application was sent to the prosecution last Friday, setting 24 hours for a reply.

However, there was no response from the prosecution. As such, the defence will file the application by end of the week.

The hearing, which was scheduled to begin today in the Kuala Lumpur High Court, was adjourned to July 15 because Anwar's lead counsel Sulaiman Abdullah is ill.

anwar sodomy 2 duta court hearing pkr leaders 080709 13 Sankara said that Sulaiman has been admitted to the Kuala Lumpur Hospital for observation.

When the court sits again, it will first hear the defence application to compel the prosecution to supply the original documents, medical records, statements of witnesses, security video recordings and other exhibits relating to the sodomy charge.

The same day, Anwar's application to strike out the charge will be mentioned, while the dates for the trial will be fixed, depending on the outcome of the first application.

Grounds of application

The application to disqualify the prosecution team argues that any personnel under the attorney-general (AG) are 'tainted' as the AG was involved in fabricating evidence against Anwar in 1998.

The reasons cited are:

  • The accusation against Anwar is made in bad faith and is a continuation of the political conspiracy which began after his prosecution in 1998.

  • In 1998, Anwar's friends and acquaintances - who are KS Nallakaruppan, Sukma Darmawan Sasmitaat Madya and Munawar Ahmad Anees - were accused of crimes in order to implicate him.

  • In the past criminal trials against Anwar, Nallakaruppan, Sukma and Munawar, information was obtained and used through trickery, physical and mental torture, deceit and false statements.

  • Then deputy public prosecutors who conducted the cases in 1998 are also involved in the current case.

  • lingam tape panel meeting 031007 abdul gani patail In relation to the 'black eye' incident, AG Abdul Gani Patail (right) , was involved in fabricating a false medical report that the injury was 'self-inflicted' when the injury was inflicted by the inspector-general of police.

  • Anwar has reason to believe the prosecution team had engaged Abdul Gani in signing Section 418(A) of the Criminal Procedure Code to transfer the current case from the Sessions Court to the High Court.

  • The prosecution is attempting to frame Anwar again as it has yet to supply the defence with original documents, evidence and samples to enable him to prepare his defence.

  • The deputy public prosecutor has said there is not one fact that favours Anwar, despite the disclosure in reports of the Kuala Lumpur Hospital and Hospital Pusrawi (Pusat Rawatan Islam) that there was no evidence of penetration on the complainant.

  • The conduct of the prosecution also shows that the Anwar will not be given a fair trial.

Anwar, 61, is charged with sodomising his former personal aide Mohd Saiful Bukhari Azlan, 23.

He allegedly committed the offence at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26 last year.