Sodomy II - Judge refused to drop sodomy charge....

The Kuala Lumpur High Court has dismissed Anwar Ibrahim's application to strike out his sodomy charge, following an allegation that a member of the prosecution team had romantic relations with the complainant. Justice Mohamad Zabidin Mohd Diah ruled that the allegation does not compromise the prosecution's integrity.

This is because DPP Farah Azlina Latif had no access to vital prosecution documents, as stated int he affidavits of investigating officer Jude Blacious Pereira and DPP Mohd Hanafiah Zakaria. Justice Zabidin said there is no reason for the court not to accept the assertion by Jude and Hanafiah on this issue.

"From their explanation, it was reasonable to decide that although DPP Farah Azlina Latif is part of the prosecution team, her role was limited to a 'need to know' basis.

"She did not have access to the investigation papers or documents, and neither was she involved in the briefing sessions. As Farah had no access to the investigation papers or to knowledge of the contents of the case, then (the complainant) Mohd Saiful Bukhari Azlan could not have gained accesss to these through Farah."

According to Jude's affidavit, those who have access include DPP Hanafiah, solicitor-general II Mohd Yusof Zainal Abiden and DPPs Nordin Hassan and Noorin Badaruddin. On the issue of the prosecution's integrity, Justice Zabidin ruled that Farah was not a prosecutor responsible for charging the accused, as she was merely in court to take notes. The judge noted that she was not responsible for examining the witnesses either.

"With that, I am of the view that Saiful did not have any influence on Farah based on the alleged relationship, and that this could not have influenced the prosecution and compromise the integrity of the team.

"...The issue of prejudice to the applicant (Anwar) in this trial, hence does not arise. Based on this reason, I find there has been no abuse of the court process as alleged and hence, the application is dismissed."

He also ruled that the matter was interlocutory and ordered the trial to resume, despite objections from the defence. About 10.50am, following a recess, lead defence counsel Karpal Singh said he would file notice of appeal and a stay application within an hour.

The judge said he will hear the application at 2pm.

source:malaysiakini

The judge said that Farah had no access to vital prosecution documents based on affidavits of the investigating officers. To be fair the judge should instruct Farah & Saifool to file their affidavits too.........

cheers.