Justice Datuk Mohamad Zabidin Mohd Diah ruled that the integrity of the prosecution had not been compromised as a result of the alleged affair between star witness Mohd Saiful Bukhari Azlan and a member of the prosecution team, deputy public prosecutor Farah Azlina Latif.
The judge said that Farah Azlina's role in the proceeding was limited to taking notes.
"She had no access to the investigation papers and that means, Saiful also had no access to it," he said.
The issue of Anwar not being fairly tried, therefore, did not arise, he said.
This is Anwar's second attempt to drop the charge.
The latest attempt revolved around his allegation that the integrity and impartiality of the entire prosecution team had been compromised because of an alleged affair between Mohd Saiful and Farah Azlina.
In his first attempt to have the charge dropped, he stated that the charge was defective because there was no evidence to show that penetration had taken place. The bid was rejected by the High Court, Court of Appeal as well as the Federal Court.
Anwar, 63, the Parti Keadilan Rakyat (PKR) advisor, is accused of sodomising Mohd Saiful, his former personal aide at unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm, on June 26, 2008.
Anwar is represented by a team of lawyers led by Karpal Singh while Solicitor-General II Datuk Mohamed Yusof Zainal Abiden is leading the prosecution team.
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