Anwar loses bid to strike out sodomy charge

By FMT Staff
FULL REPORT KUALA LUMPUR: The High Court has dismissed an application by Anwar Ibrahim to strike out the sodomy charge against him.

The court ruled that the alleged affair between the main witness and a deputy public prosecutor would not affect the direction of the case.

Anwar had sought to dismiss the charge following claims of an affair between Mohd Saiful Bukhari Azlan and DPP Farah Azlina Latif.
Justice Mohamad Zabidin Mohd Diah said there was no proof of the defence argument that Mohd Saiful could have been passed confidential trial information by Farah.

He accepted the prosecution's argument that Farah was a junior member of the team, a note-taker who had no access to sensitive information that could undermine the trial process.

"She has no control over the directions of the prosecution and in the handling of the witnesses," Mohamad Zabidin said.

"(Therefore it) did not affect the prosecution to the extent that it compromised the integrity and the conduct of the trial."
Mohamad Zabidin also rejected an application by Anwar's lawyers for a stay of proceedings pending their appeal against this morning's decision.

The judge ordered the lawyers to be ready to continue with the trial today. However Anwar's lawyers have sought adjournment until this afternoon - which was granted- to make a formal stay application.
DPP dropped from the case
Anwar has applied to strike out his sodomy charge on the ground that the integrity and impartiality of the entire prosecution team had been compromised as the result of the affair allegation.

Anwar's lawyers had argued that the sodomy trial had been compromised as a result of the relationship. They claimed that Mohd Saiful could have had access to the details of the prosecution's strategy as well as to notes from other witnesses.

The prosecution however claimed that Farah was just a note-taker in the prosecution team and had no access to legal documents and other sensitive material. They also said that the alleged affair would not have any bearing to the prosecution. She had since been dropped from the prosecution team.

Both Mohd Saiful and Farah have not said anything publicly about the alleged relationship.

Anwar, 63, had claimed trial to sodomising his former aide Mohd Saiful, 25, at Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26, 2008.