By Asrul Hadi Abdullah Sani - The Malaysian Insider
PUTRAJAYA, Feb 3 — Datuk Seri Anwar Ibrahim’s sodomy trial will proceed this afternoon even as his defence team continues to try all legal avenues to compel the prosecution to provide additional evidence.
Anwar’s lawyer Karpal Singh said that the president of the Court of Appeal will decide the date on the review of Anwar’s application by the end of the week.
Karpal, together with his legal team and the prosecution met with Chief Judge Tan Sri Alauddin Mohd Sheriff to get a date to review the Federal Court ruling that upheld earlier decisions to disallow him from obtaining additional evidence for Anwar’s sodomy trial.
“He (Alauddin) said by this Friday, Insya’Allah,” Karpal told reporters here.
Karpal confirmed that the trial will commence at 2.30 pm later today.
Karpal said that they will also file an appeal to the Court of Appeal by tomorrow on the decision made by the High Court to not strike out the sodomy charges against Anwar.
The High Court yesterday refused to strike out the sodomy charges against Anwar, stating that “no conclusive clinical findings suggestive of penetration to the anus/rectum cannot be used as a basis for the Court to use its discretion to strike out the charges.”
Karpal reiterated the importance of having the documents and evidences to ensure a fair trial.
“We want a fair trial and a fair trial can only come about if the defense is given every opportunity to obtain which is necessary for the defense.
“Getting the documents in the middle of a trial, that would prejudice the defense. The defense must get the documents so that the defense can plan its strategy. That is how it works for other countries. Some how it does not work that way here,” he said.
Anwar is accused of sodomising his former aide Mohd Saiful Bukhari Azlan on June 26, 2008 at a posh condominium in the exclusive Bukit Damansara suburb in Kuala Lumpur.
He has denied the charge, saying it’s a conspiracy similar to his first charge in 1998.
The 63-year-old Opposition Leader was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat, that was held in the interim by his wife, in a by-election in 2008.
He had earlier led the opposition Pakatan Rakyat to a historic sweep of four states and 82 parliamentary seats in Election 2008 .
But he was then mired with the accusation from 24-year-old Saiful, whom Anwar dismissively said was just a “coffee boy”.
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