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Monday 6 December 2010

Sodomy trial: Judge says no to Anwar's recusal application


KUALA LUMPUR: High Court judge Mohd Zabidin Mohd Diah today dismissed Anwar Ibrahim's application to disqualify the judge on grounds there was no real danger of bias.

He then fixed Jan 21 to mention a new date to continue Anwar's sodomy trial.

Anwar is expected to appeal against the decision, making it unlikely for his trial to continue unless his appeal process has been exhausted.

Last week Mohd Zabidin said he will deliver his decision today following Anwar's application to disqualify him on grounds of "intimidation".

He had also said that he will proceed with the trial proper if he decides not to recuse himself.

Anwar, the 62-year-old PKR de facto leader and former deputy prime minister, is currently facing sodomy charges for the second time in his life.

He is charged with sodomising former aide Mohd Saiful Bukhari Azlan at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.

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.

Anwar's lead counsel Karpal Singh had submitted that Mohd Zabidin should disqualify himself because of he had "intimated" the veteran lawyer.

However the prosecution submitted that Anwar was only applying to disqualify the judge to buy time and that it was a "delay tactic".

In a written affidavit filed along with a notice of motion to disqualify Mohd Zabidin, Anwar said the judge had “threatened” Karpal when the lawyer gave notice of the defence’s intentions to file an application to disqualify him.

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