Court of Appeal three-man panel led by Justice Ahmad Maarop allowed an application by Anwar's counsel Karpal Singh to adjourn the appeal hearing to Monday to allow him to prepare submission on jurisdictional issue of the court in hearing the matter.
The prosecution team, headed by Solicitor-General II Mohamed Yusof Zainal Abiden, is raising a preliminary objection, saying Anwar did not have the right to lodge an appeal against the High Court's decision because the order by the High Court judge Mohamad Zabidin Mohd Diah, was not a final order.
Karpal Singh said he needed time to prepare his submission because Yusof did not give any indication to him that he would be raising that issue.
The PKR advisor is appealing against the Aug 16 decision of the Kuala Lumpur High Court which had dismissed his application to strike out the sodomy charge, his second bid to have the charge dropped.
Anwar had claimed that the impartiality of the entire prosecution team had been compromised because of an alleged affair between Anwar's accuser Mohd Saiful Bukhari Azlan and a member of the prosecution team, deputy public prosecutor Farah Azlina Latif.
He claimed that as a result of the alleged affair, Mohd Saiful had access to information on the case, and that had deprived him of a fair trial.
His first application to strike out the charge had been dismissed by the High Court, a decision which was upheld by the Federal Court on May 4 this year.
Anwar, 63, is on trial for allegedly sodomising Mohd Saiful, his former personal aide at unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm, on June 26, 2008.
Anwar's another counsel SN Nair told reporters outside the court that following today's postponement, the on-going sodomy trial which had been fixed for mention on Monday would be deferred to Tuesday.
- Bernama
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