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Wednesday, 15 July 2009

Anwar's sodomy trial to start at 2pm - Malaysiakini

Anwar Ibrahim's sodomy trial is to be heard from 2pm today, after the Kuala Lumpur High Court denied him a postponement to engage a new lead counsel this morning.

Senior lawyer Sulaiman Abdullah (right), who is still unwell, had told Anwar to appoint a new lead counsel as he did not want to be the cause of further delays to the trial. It has already been postponed once.

Anwar is being represented by a nine-member team of lawyers, including Sulaiman.

Speaking to reporters outside the court, Anwar said his lawyers had met Justice Mohamad Zabidin Mohamad Diah in chambers this morning to seek more time, but were told that this was “a technical matter that can be solved”.

The judge then set 2pm for the case to start.

An upset Anwar also said the defence team has yet to receive the authorised medical report from the private hospital where the complainant had sought treatment after allegedly being sodomised.

“(The prosecution) said we can get the report online. This is clearly to frustrate our case. If they want to start, how can (we respond) without basic documents?”

He repeated his long-held assertion that the prosecution team is “tarnished” because of its association with attorney-general Abdul Gani Patail, whom he has implicated in fabricating evidence against him in a case in 1998.

'Right of choice'

Another defence lawyer, Sankara Nair cited Article 5 of the federal constitution in noting that Anwar has the right to the lawyer of his choice.

“Sulaiman has over 30 years of experience... the judge has asked for junior lawyers to proceed without Sulaiman, but we are just assisting him,” said Sankara (left).

He said the defence team will apply to the judge to consider his decision when the court sits this afternoon.

“It is just a matter of just reading out the submission, but Sulaiman has the experience to expand on this (in a way that's) better than (if it were done) by a junior counsel,” explained Sankara.

He added that they would need at least two weeks to look for and appoint another lawyer of “equal stature” to Sulaiman.

This afternoon, the court:

  • Will first hear the defence team's application to compel the prosecution to supply a complete set of original documents, statements of witnesses, security recordings and other exhibits relating to the charge;

  • Set a date for mention of Anwar's application to strike out the sodomy charge; and

  • Fix new trial dates, depending on the outcome of the previous applications.

Anwar, 61, is charged with sodomising his former personal aide Mohd Saiful Bukhari Azlan, 23.

He allegedly committed the offence at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26 last year.

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