By Shazwan Mustafa Kamal - The Malaysian Insider
KUALA LUMPUR, Feb 8 – The Datuk Seri Anwar Ibrahim sodomy trial was adjourned to tomorrow after lead defence counsel Karpal Singh applied to disqualify presiding High Court judge Datuk Mohd Zabidin Mohd Diah, citing dissatisfaction with the way the court has dealt with Utusan Malaysia’s coverage of the case.
Karpal made the application at the start of Day 4 of the trial in which the 62-year-old Opposition Leader is accused of sodomising Mohd Saiful Bukhari Azlan at the Desa Damansara Condominium on June 26, 2008. Anwar has denied the charge, the second time in 12 years he has faced similar charges.
In filing his application, Karpal said it was based on dissatisfaction over how the judge deal with the Utusan Malaysia coverage which “brings to surface an element of danger on the part of the learned trial judge.”
According to the affidavit, Utusan had on February 4 published on its front page an article under the heading “Tak rela diliwat lagi” with the photograph of Anwar and Saiful on either side. On page 3 of, the newspaper also wrote “Berhenti kerana tidak mahu diliwat lagi.”
On the next day, Utusan also carried a photograph captioned “Mohd Saiful menunjukkan katil di bilik tidur utama tempat beliau mendakwa diliwat Anwar Ibrahim kepada Hakim Mohamad Zabidin Mohd Diah ketika melawat kondominium tempat kesalahan itu dilakukan...” (Mohd Saiful shows the judge the bed in the master bedroom where he was alleged to have been sodomised by Anwar.”
Karpal had applied to court to cite Utusan for contempt of court as he argued that what was published on Feb 4 was tantamount to contempt of court.
However, Zabidin had dismissed Karpal’s application on the grounds that “the said reports were not carried with the intention of being mischievious and to disrupt trial proceedings when clearly there was no evidence on affidavit or otherwise to show such intention or mischief by Utusan Malaysia.”
Similarly the judge had with regards to the Feb 5 coverage by Utusan declined to caution the newspaper despite the defence’s contention that the news report was misleading.
Zabidin’s basis of reasoning was that the publication of the picture as evidence regarding the bed had been given in open court the previous day, which Karpal argues did not actually occur.
Datuk Seri Anwar Ibrahim's defence counsel, Karpal Sing arrives has applied for the High Court judge Datuk Mohd Zabidin to be disqualified. - Picture by Jack Ooi
“I respectfully state as a result of the rulings made by the learned trial judge, there has been a departure from the standard of even handed justice upon the applications made by my counsel with an independent mind.
“With respect, a fair-minded and informed bystander would, under the position obtaining, entertain a fear of real danger of bias on the part of the learned trial judge,” said Anwar in his application filed today.
He told reporters shortly after the trial adjourned for the day that the main reason for the application was that he wanted a fair trial.
“Political tricks and intentional damage to my character which is continually being done by Umno owned newspapers is being allowed.
“The statements published are blatantly inaccurate, yet the judge had not taken any action,” explained Anwar.
The former deputy prime minister has denied the accusations hurled by Saiful, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.
Anwar was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences. He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had earlier led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
The trial will proceed tomorrow morning at 9.30am where the court will hear the details of Anwar’s application.
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