Sodomy trial set for July 1

The High Court has fixed three weeks in July - from July 1 to 24 - to hear Opposition Leader Anwar Ibrahim's sodomy trial.

Initially, when the case came up before justice Mohd Zabidin Md Diah at 11.30pm, he had wanted to fixed a date in May for trial. However, Anwar's counsel indicated they would not be available.

The charge was read again to Anwar and the opposition leader maintain that he is claiming trial.

" Minta bicara, fitnah jahat (I am claiming trial to the bad slander)," said Anwar.

Anwar's lead counsel Sulaiman Abdullah then informed Zabidin that the defence have yet to obtain full documents regarding the case such as photographs, closed circuit television recordings and also DNA.

"We need all this as the defence team needs to send them to our foreign experts. This will require more than a week," he said.

Sulaiman also informed that Anwar had also filed an appeal over Zabidin's ruling on March 5 that the certificate of transfer signed by attorney-general Abdul Gani Patail was valid and hence the case should be transferred before the High Court.

Solicitor-general II, Mohd Yusof Zainal Abiden, told the court, he had provided all documents as requested to ensure a fair trial.

Zabidin said he was aware of the appeal and would fix two months from now for the hearing.

"I hope all of you could give priority to this case. As for the appeal, I hope the appeal would be heard within two months otherwise, we can fix another hearing date.

"In the meantime, whatever documents, which have yet to be given by the prosecution should be given by them," he said.

It was later understood that the prosecution had given all the documents but some of the photographs from the CCTV recordings at the condominium were unclear and the defence require clearer pictures.

Following that, Zabidin fixed the hearing dates from July 1, as Sulaiman indicated that other dates was not suitable. He also agreed to maintain the original conditions set by the Sessions Court.

The hearing dates was fixed today despite an objection made by Sulaiman earlier at the Sessions Court.

Sulaiman submitted the case should have been brought before the original presiding judge, SM Komathy Suppiah, instead of judge Rozana Ali Yusoff who was presiding today.

Komathy, is on leave and she is presently overseas.

Yusof applied that the case be transferred after High Court judge Mohd Zabidin Md Diah ordered that the certificate of transfer signed by attorney-general Abdul Gani Patail be accepted under Section 418A of the Criminal Procedure Code.

Sulaiman objected as under the section, the case should be brought before the then presiding judge Komathy.

Judge dismisses objection

"I understand she is on leave and it is proper that we wait for the case to be heard before her. That is the right decision and we should await until Komathy comes back," he said.

Yusof submitted that the court should immediately transfer the case as Rozana was merely aiding and the court should accept any order or judgement as presented before them.

"Hence, you have the authority to make the order to transfer the case," Yusof said.

Sulaiman said the section gives specific instructions that the case should be mentioned before the presiding judge.

Rozana however, dismissed the objection and said that the order is in place and it was not necessary for the court to wait for Komathy.

"The case would not be prejudiced if it is transferred today," said the judge.

Anwar in an immediate response to today's proceedings maintained the charge was politically motivated.

"They use the lackey in the attorney-general's chambers and they use Gani."

Anwar focusing on by-election.

"I am not focusing on the trial. I am focusing on the upcoming three by-elections,” he said.

The country is scheduled to face three by-elections simultaneously on April 7, namely Bukit Gantang parliamentary seat and the Bukit Selambau and Batang Ai state seats.

As the trial is in July, Anwar said the focus would be on the by-elections.

"They seemed to be rushing for the trial," he said, adding his court battle has begun.

Anwar said his defence team is still awaiting the full documents from the prosecution.

'Concern over conduct of judiciary'

"You want to charge me, you must give full documents. There are some already given but I feel it is not complete like the DNA," he said.

"We need it as we want to appoint foreign experts to examine the evidence. I hope that the proceedings and trial is free from any interference. I am concern over the conduct of the judiciary. This is a major concern to us as I am very outspoken on the conduct of judges and independent judiciary."

Lawyer Zamri Idrus held watching brief for Saiful Bukhari Azlan.

On Thursday, Zabidin in his 18-page judgment argued that Komathy had erred when she found the certificate of transfer signed by Abdul Gani to be invalid.

On Nov 7, Komathy in ruling against the transfer order had said: "The case raises an unique situation where it is evident that any involvement by the AG in this case would seriously undermine public confidence in the administration of criminal justice."

Komathy added there was an understanding that the AG will not be involved in the case in an assurance given by Prime Minister Abdullah Ahmad Badawi.

Abdul Gani is still under investigation following a police report lodged by Anwar about alleged tampering of evidence pertaining to the “black eye” incident in 1998.

Anwar, who is also Permatang Pauh MP, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 23, at the Desa Damansara condominium some time on June 26, 2008.

If convicted, he could face up to 20 years in jail. He is currently on a personal bond of RM20,000.