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Anwar's sodomy trial adjourned again |
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Written by Chua Sue-Ann
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Tuesday, 09 February 2010 11:42 |
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KUALA LUMPUR: The high profile sodomy trial of Pakatan Rakyat leader Datuk Seri Anwar Ibrahim saw yet another postponement for Anwar to reply to prosecution's affidavit in the opposition's attempt to disqualify Judge Datuk Mohamad Zabidin Mohd Diah from presiding over the trial.
On the outset of proceedings today, Anwar's lead counsel Karpal Singh asked for more time to allow Anwar to reply to Solicitor-General II Datuk Mohd Yusof Zainal Abiden's affidavit.
Anwar had filed his application and affidavit early Monday morning while Mohd Yusof filed his affidavit in reply Monday afternoon.
Anwar was seeking Mohamad Zabidin's recusal after the latter declined to cite Malay newspaper Utusan Malaysia, with Anwar stating in his affidavit that there was a "real danger of bias" on the judge's part.
Karpal told the court that Mohd Yusof, in the latter's affidavit, had contended that Anwar's affidavit was "inaccurate".
"Unless the facts and position is accepted, it is difficult to submit," Karpal said, adding that Anwar had to file a reply or else the factual matrix which the application was based upon would not be established properly.
Karpal, who is DAP national chairman and Bukit Gelugor member of parliament, also asked for the court's transcript as well as the judge's notes of proceedings.
Karpal then said he would file Anwar's affidavit in reply by Tuesday afternoon.
Mohd Yusof, who is leading the prosecution team, today raised concerns that affidavits were made available to the press before the documents were read out in open court.
He argued such a move could cause problems because the documents may contain "scandalous details" that parties may later seek to strike out.
In reply, Karpal noted former Chief Justice Tun Eusoff Chin had previously ruled that affidavits were public documents, which the press could publish.
Karpal also said he might apply to cross-examine Mohd Yusof to clear up disputes in the affidavits over what had transpired in earlier proceedings, adding that Anwar was prepared to be questioned as well.
Commenting on the media, Mohamad Zabidin reminded that press freedom came with the obligation to report accurately.
"I don't want to be seen to encroach on freedom of the press. I believe in freedom of the press but ... if a reporter reports something inaccurately, they have to face the music. If the court imposes a penalty, they cannot say the court does not uphold freedom of the press.
Karpal also objected to the presence of plain-clothed Special Branch officers observing Anwar's trial and urged the court to order the officers out.
However, Mohamad Zabidin said the officers were entitled to sit in during the trial provided that they sat in the public gallery instead of at the bench with lawyers.
Anwar's counsel Datuk Param Cumaraswamy was then seen pointing behind towards two persons in plainclothes, believed to be special branch personnel.
Anwar's sodomy trial resumes Wednesday with Anwar's lawyers and prosecutors set to argue over Anwar's bid for Mohamad Zabidin to recuse himself.
The trial would only proceed with defence counsel's cross-examination of prosecution's first witness Mohd Saiful Bukhari Azlan, who had accused Anwar of sodomy.
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