FULL REPORT KUALA LUMPUR: Opposition Leader Anwar Ibrahim's sodomy trial was adjourned to next Monday to hear the defence lawyers' application to urge the prosecution team to step down following the alleged relationship between star witness and a deputy public prosecutor.
The application was made this morning by Anwar's lead counsel Karpal Singh before judge Zabidin Mohd Diah.
Karpal told the court that the alleged sexual relationship between Mohd Saiful Bukhari Azlan and DPP Farah Azlina Latif had compromised the integrity of the prosecution team.
He said that Saiful could have been given access to confidential trial information, and that both he and Farah would have to state whether the claim was true.
"Because of this affair, the integrity of the entire prosecution of this trial has been compromised," he said.
"As a result of this affair there is a strong likelihood of Saiful being privy to statements recorded in the course of investigations including a statement from Anwar Ibrahim," he added.
Chief prosecutor: Bare allegations
The judge, due to hear the continued hearing of the trial today, allowed the application to be heard but granted the adjournment to Aug 9 after the prosecution team sought more time to file their affidavits to respond to the application.
The judge also allowed for another application filed by the defence for the sodomy charge to be dropped. However he ruled that this application can only be heard after the first application has been disposed.
"It cannot be denied that there was an allegation of an affair... therefore I am of the view it is better for me to hear the application of strike-out first," the judge said who also overruled the prosecution's bid to proceed with the trial today.
Earlier Karpal told the court that Solicitor-General II Mohamed Yusof Zainal Abiden, who is leading the prosecution, should be held responsible for allowing the prosecution's credibility to be affected by this relationship.
Mohamed Yusof however described the affair claims as "bare allegations with no substance" but when asked by reporters whether he denied the involvement, he merely replied: "Do they (the defence) have personal knowledge?"
Anwar's affidavit and police report
The application to dismiss the prosecution team was supported by an affidavit by Anwar.
In his affidavit, Anwar said that the relationship between Saiful and Farah would mean that his accuser had access to all investigation papers before he took the stand as a witness.
“Farah was privy to these investigation papers and she was having an affair with Saiful...he would have similar access to these papers, including to all witness statements collected by the prosecution,” he said.
“It is patently clear that as a result of this relationship, Saiful had access to statements recorded from other witnesses and that he had knowledge of all briefings given by the prosecution team and their strategies in the case,” he added.
Anwar also said that Farah could have committed an Official Secrets Act offence by sharing these details with Saiful.
He said the prosecution team's integrity and impartiality were affected by this relationship between the DPP and the star witness.
Talking to reporters outside the court, Anwar said the revelation was more proof that he is the victim of a conspiracy to end his career.
"It just supports our contention right from the beginning that this is all a farce, a politically motivated trial, trumped-up charges," he told reporters.
"This is an additional fact or evidence to support our case, to show the prosecution is not and cannot be impartial."
Later, Anwar lodged a police report at the Jalan Duta Court Complex police station against Saiful and Farah for allegedly breaching the OSA.
DPP dropped
Last week , Attorney-General Abdul Gani Patail announced that Farah had been dropped from the prosecution team and the prosecution division of the A-G's Chambers.
He also downplayed her role in the prosecution team, saying that it was confined to taking down notes of the proceedings and that she had no access to the investigation papers. He however did not confirm or deny the relationship between the DPP and Saiful.
Initially, the trial was set to resume on July 19 but was postponed after Karpal went on a two-week medical leave where he was hospitalised at the Universiti Malaya Medical Centre (UMMC).
Justice Mohamad Zabidin allowed the postponement after the defence team assured that the trial would resume on Aug 2 even without Karpal's presence. The trial was scheduled fron Aug 2 to Aug 30.
Saiful, who was an aide in Anwar's office, has accused the 62-year-old of sodomising him in 2008. If convicted, Anwar could face up to 20 years imprisonment.
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