PUTRAJAYA, Feb 17 (Bernama) -- Datuk Seri Anwar Ibrahim's sodomy charge remains intact after the Appellate Court here held that the opposition leader failed to show that the charge and prosecution against him were oppressive and abuse of the court process.
Court of Appeal three-man quorum comprising Justices Datuk Wira Abu Samah Nordin, Datuk Sulaiman Daud and Datuk Azhar@Izhar Ma'ah unanimously refused Anwar's appeal to throw out his sodomy charge.
The quorum also denied Anwar's oral application for a stay of the trial, pending disposal of his appeal on today's decision to the Federal Court. His counsel, Karpal Singh, said the notice of appeal to the Federal Court and a formal stay application would be filed Thursday.
"We are of the view that Anwar had not shown that the charge or prosecution against him was oppressive and abuse of court process that warranted the appellate court to exercise its inherent power to set aside the charge," said Abu Samah.
The court accepted the argument forwarded by Solicitor-General II Datuk Yusof Zainal Abiden that the medical report in which Anwar relied on, to support his application to strike out his charge, was not conclusive.
Anwar, 63, had sought for the sodomy charge to be quashed on the basis of the findings of a medical report of three doctors from the Kuala Lumpur Hospital, stating there was "no conclusive clinical findings suggestive of penetration to the anus/rectum."
"The medical report is not the only evidence against Anwar. It is only corroborative of what author (doctor) has to say," Abu Samah said in his judgement.
He said the prosecution's affidavit had stated that they would rely on oral testimony and forensic evidence to prove its case against Anwar.
The Parti Keadilan Rakyat advisor, 63, is on trial for allegedly sodomising his former aide, Mohd Saiful Bukhari Azlan, 24, at the Desa Damansara Condominium in Bukit Damansara, Kuala Lumpur on June 26, 2008.
The trial has been put on hold, awaiting the High Court judge's decision Yhursday (Feb 18) on whether to discharge himself from hearing the case.
Anwar faces a maximum 20 years jail and whipping if convicted. He is charged under Section 377B of the Penal Code.
The Permatang Pauh member of Parliament brought the matter up for appeal after he was unsuccessful in his bid at the High Court which had dismissed his application on Dec 1, last year to strike out the charge on the basis that the charge and prosecution were actuated with mala fide, oppressive and an abuse of the court process.
He also claimed that the charge was political conspiracy and deceitful.
On Anwar's oral application for a stay of the trial, Abu Samah said the application was not proper before the court, adding that the court was unable to accede to Anwar's request because there was no formal application before the bench.
Earlier, Karpal Singh orally applied for the stay of the trial, saying that Anwar should be given every opportunity to exhaust his legal rights.
"Why is there a hurry? In this case, a lot of obstacles are being placed in our way, the High Court, the Court of Appeal," he said, adding that if a stay was not granted, the trial would render nugatory in the event Anwar succeeded in his final appeal at the Federal Court against Wednesday's decision.
Yusof, however, said a formal stay application must be filed.
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