KUALA LUMPUR, 2 Sept 2009: Datuk Seri Anwar Ibrahim’s sodomy trial was set for re-mention on 3 Nov 2009, after the High Court was told that the prosecution’s appeal against the court order to supply documents to the defence was still pending at the Court of Appeal.
Deputy Public Prosecutor Datuk Nordin Hassan told the court that the appeal would be heard on 23 Oct, and therefore applied to the court to fix 3 Nov as the mention date for the sodomy trial.
He also asked the court to fix the same date for the mention of Anwar’s application to set aside the sodomy charge against him.
Justice Datuk Mohamad Zabidin Mohd Diah allowed the prosecution’s application and extended Anwar’s bail.
Anwar, 62, is charged with sodomising Mohd Saiful Bukhari Azlan, 24, his former aide, at a condominium in Bukit Damansara on 26 June 2008.
On 16 July 2009, Mohamad Zabidin granted Anwar’s application to compel the prosecution to furnish him the recorded statements of witnesses, Mohd Saiful, Dr Osman Abdul Hamid from Pusrawi Hospital, condominium owner Hassanuddin Abdul Hamid, and the statements of three other witnesses, and other documents.
The prosecution appealed against the order and on 24 July, the court granted a stay of execution pending the disposal of the prosecution’s appeal to the Court of Appeal.
Today, at the High Court (Appellate and Special Powers Division), judge Lau Bee Lan also fixed 3 Nov for mention of Anwar’s application for a judicial review to quash a written statement by the prosecution, relating to his sodomy case.
Lau fixed the date in her chambers after allowing Anwar’s application for a postponement of the hearing, pending the outcome at the Appeal Court, relating to certain documents requested by him.
On 24 June, 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 3 Aug, 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 Malaysian government as respondents.
In the application, Anwar also sought for a mandamus order to compel the prosecution to supply facts favourable to him under Section 51A(1)(c) of the Criminal Procedure Code.
He further sought for an order to prevent the prosecution from proceeding with the sodomy case until these facts were made available to him. — Bernama