| Nov 23 Hearing For Anwar's Bid To Strike Out Sodomy Charge |
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KUALA LUMPUR, Nov 3 (Bernama) -- The High Court will hear on Nov 23 the application by Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim to strike out the sodomy charge against him.
Justice Datuk Mohamad Zabidin Mohd Diah on Tuesday also fixed the same day for the sodomy trial to be mentioned again.
Anwar, 62, who was in court with his wife, Datuk Seri Dr Wan Azizah Wan Ismail, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara on June 26 last year.
Solicitor-General II Datuk Mohamed Yusof Zainal Abiden, who led the prosecution team, had asked the court to fix the hearing date for the application.
One of Anwar's counsel, R. Sivarasa, suggested that the court fix the application for mention pending Friday's outcome of appeals by both the prosecution and defence before the Court of Appeal pertaining to documents sought by Anwar.
Sivarasa said the Court of Appeal's decision would be "dragged" to the Federal Court and its outcome then must be waited.
Justice Mohamad Zabidin said whatever the decision of the Federal Court, the hearing of the application to strike out the sodomy charge must still go on.
"I am more interested in what the Court of Appeal will say on the appeal on Friday," he said.
The court then stood down for 10 minutes after Anwar's lead counsel Raja Aziz Addruse said he needed to consult his defence team as well as Anwar.
After the court resumed sitting, Mohamed Yusof informed the court that both parties had agreed to proceed with the application hearing.
On July 16, Mohamad Zabidin granted Anwar's application to compel the prosecution to furnish him recorded statements of witnesses Mohd Saiful, Dr Osman Abdul Hamid of Pusrawi Hospital, condominium owner Hassanuddin Abdul Hamid, and the statements of three other witnesses as well as other documents.
The prosecution appealed against the order and, on July 24, the court granted a stay of execution pending the disposal of the prosecution's appeal to the Court of Appeal.
Anwar also filed a cross-appeal on the same order which had refused his application to get a DNA sample taken from Mohd Saiful.
The Court of Appeal fixed this Friday for the decision on the two appeals.
Today, at the High Court (Appellate and Special Powers Division), Judge Lau Bee Lan fixed Dec 15 for re-mention of Anwar's application for a judicial review to quash a written statement by the prosecution, relating to his sodomy case, pending the outcome of the Court of Appeal.
On June 24, Anwar received a written statement signed by Deputy Public Prosecutor Mohamad Hanafiah Zakaria which stated that there were no facts favouring the defence in the (sodomy) case.
On Aug 3, Anwar filed the application to quash the prosecution's written statement at the High Court (Appellate and Special Powers Division), naming Mohamad Hanafiah and the Government of Malaysia as respondents.
In the application, Anwar also sought an order of mandamus to compel the prosecution to supply facts favourable to him under Section 51A (1)(c) of the Criminal Procedure Code.
He also sought an order to prevent the prosecution from proceeding with the sodomy case until these facts were made available to him.
Meanwhile, Mohd Saiful was seen outside the court with his father Azlan and lawyer Zambri Idrus.
He came to the witness room and told reporters he was ready to testify in the trial.
-- BERNAMA
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