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Friday, 10 October 2008

Anwar sodomy trial: Gag order on media lifted after 24 hours

Anwar sodomy trial: Gag order on media lifted after 24 hours©The Sun

KUALA LUMPUR (Oct 9, 2008) : The sessions court today lifted a gag order preventing the media from reporting on the exhibits of an affidavit filed by Datuk Seri Anwar Ibrahim in relation to the "black eye" incident in 1998.

Judge S.M Komathy made the ruling after hearing submissions from both DPP Datuk Mohd Yusof Zainal Abiden and defence lawyer Sulaiman Abdullah.

(Yesterday, Komathy issued the order following the prosecution's application. Yusof told the court that the publication of the exhibits by media would damage the reputation of Attorney-General Tan Sri Abdul Gani Patail.)

Komathy postponed hearing to Oct 31 after Sulaiman informed the court that Anwar needed to be in Parliament, starting Monday.

When the case began in the morning, Sulaiman had urged the judge to revisit the gag order imposed on Wednesday.

He submitted that the exhibits are part and parcel of an affidavit and they are interconnected and cannot be separated from the affidavit. He added that as the affidavit was read out in the court, it cannot be barred.

He said the exhibit of Anwar's affidavit was filed in support of his application against the transfer of the case to the High Court.

He said the public will wonder what the content of the document is that it is so important to keep it away from them (the public), adding thate the gag order deprives the Malaysian public of knowing what happened before the court.

Meanwhile, Yusof contended that the exhibits of Anwar's affidavit on Sept 22 are inadmissible.

He objected to, in particular, the articles from newspapers and the statement of claim by Datuk Mat Zain Ibrahim and Inspector-General of Police Tan Sri Musa Hassan.

Yusof submitted that Anwar can only deposit something that he knows in his personal knowledge.

"If Anwar does not have personal knowledge, then it is inadmissible. Thus the newspaper articles should not form a part of the affidavit and should be inadmissible," he said.

He said only when it is shown to the court that the exhibits are admissible, should the order to the media to bar the material from publication, be removed.

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