Opposition leader Anwar Ibrahim's sodomy trial resumed today with the expected cross-examination of Kuala Lumpur Hospital's Dr Mohd Razali Ibrahim but defence lawyers immediately zoomed in on the alleged affair between the star witness and one of the prosecutors.Anwar's defence team pressed for the judge to throw out the case following allegations of an alleged affair between DPP Farah Azlina Latif and complainant and star witness Mohd Saiful Bukhari Azlan.
Last week, attorney-general (AG) Abdul Gani Patail had removed Farah Azlina from the prosecution team following the allegations, so that it would not disrupt the prosecution's case. Farah Azlina has also been removed from the prosecution division of the AG's chambers. Solicitor-general II Mohd Yusof Zainal Abiden, who is leading the prosecution, had in a letter of reply to the defence team, said that the prosecution cannot verify of the alleged "affair" and that Farah Azlina's role was limited to taking notes of the proceedings.
Following the reply, lawyer Sankara Nair for Anwar said the defence team would assume the allegations to be true given Yusof's non-committal answers.It is also learnt that the lawyers had submitted a stay application for today's proceedings at the last minute. This follows High Court judge Justice Mohamad Zabidin Mohd Diah's refusal to grant the defence application for a stay after the Court of Appeal registrar fixed this Friday to hear its appeal to get the doctor's notes.
Anwar is appealing against Zabidin's decision not to grant such documents to the defence following an application him and supported by an affidavit from his Australian DNA expert, Dr David Wells. Besides Razali's notes, the defence is also seeking access to the medical notes of Dr Khairul Nizam Hassan and Dr Siew Shueu Feng, as well as to inspect the types of equipment used to examine Saiful's rectum.
The defence team had given an assurance on July 19 to the court and prosecutors that it would not postpone proceedings even if lead counsel Karpal Singh, who is recovering from pneumonia, is unable to conduct the cross-examination.
Second striking-out application filed
The trial today saw the defence file an application to strike out the sodomy charge for the second time, following latest development over an allegation that key witness Saiful was having an affair with one of the deputy public prosecutors.The application was filed this morning before the start of proceeding while on Friday, it was learnt the defence also filed a stay of today's proceedings. The previous striking-out application was made following the doctors at Kuala Lumpur Hospital making a finding as stated in their medical report that there was no penetration of Saiful's anus.
On Dec 1, High Court judge Justice Mohamad Zabidin Mohd Diah dismissed the striking-out application on the basis that the matter should go for full trial. The decision was upheld by the Court of Appeal on Feb 17, this year and the Federal Court about three months later on Anwar's appeal. Judging by the nature of the serious allegation, there is a possibility this application may also reach the apex court.
Prosecution's reputation 'in disrepute'Proceedings began at about 9.12am where Justice Zabidin was informed by Karpal about the application to strike out the charge following the alleged affair which has tainted the prosecution's reputation..
“The striking-out application must be heard before the stay of proceedings issue, as the alleged affair leaves the entire prosecution team in disrepute.”
Yusof, who is leading the prosecution team, replied that he only received an unsealed copy of the application.
“We should first hear the stay or the cross-examination of witness,” he told the judge.
Karpal insisted that the striking-out application should be heard first as if this is allowed, then there would be no need for the trial to proceed.
“The court can ask for the sealed copy as the documents were filed this morning, along with Anwar's affidavit-in-support,” he said.
After a short break, Justice Zabidin ruled the striking-out application will be heard first.
“There is no doubt that an application has been made. The application for striking-out will be heard first. If the court allows for the cross-examination or the resumption of the trial, it may prove to be futile if the striking-out is allowed,” said the judge.
Justice Zabidin then asked the prosecution to submit their affidavit by Wednesday if there is any and for the defence to submit their reply on Friday. He also fixed Aug 9 to hear the striking-out application and also to fix new trial dates on the same day.
Two of Anwar's hired medical specialists namely criminology professor and forensic specialist Dr David Wells and DNA specialist and pathologist Dr Brian McDonald were also present later in the proceedings.
source:malaysiakini
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