Recusal application to heard before Anwar testifies...

The Anwar Ibrahim sodomy II trial enters the next stage with the opposition leader scheduled to offer his defence. However, before Anwar takes the stand, his application to have Kuala Lumpur High Court judge Justice Mohamad Zabidin Mohd Diah recuse himself and a fresh trial is called, will be heard first today.

Anwar contends that Justice Zabidin had gone overboard to prejudge him and demonstrated bias in his ruling that the prosecution had made a prima facie case against him. This ruling, Anwar's lawyers had complained, had denied the politician a fair trial, which is guaranteed by article 5(1) of the federal constitution.

In his verdict last month, Justice Zabidin found the complainant Mohd Saiful Bukhari Azlan, to be a "credible and truthful witness".

"He had truthfully and without embellishment or exaggeration in his evidence narrated in minute detail how he was sodomised by the accused on the date and at the place stated in the charge. I find him to be a truthful witness and his evidence is reliable and if accepted would establish all the facts required to prove the charge against the accused," Justice Zabidin had ruled.

Karpal in filing the application on Thursday said the ruling showed the judge had made a prejudgment before the trial concluded, thus nullifying the calling of the defence.
"We want a new trial because a fair trial is not shown under these circumstances," he said.

Anwar, in his latest recusal application which will be heard this morning, cited several case laws stating that the court shall consider all the evidence adduced before it and decide whether the prosecution has proved its case beyond reasonable doubt at the conclusion of the trial.

"Your honour had made a prejudgment in accepting the testimony of SP1 (Saiful) who is the prosecution's main witness as 'truthful' testimony without listening to my testimony which had been revealed as an alibi during cross-examination of SP1," read the application.

He added that the prejudgment had made the calling for the defence an "empty formality".

Anwar had maintained an alibi during the allege sodomy incident where it was said the politician had been meeting with corporate and economic figures. Among them were Malaysian Institute of Economic Research chairperson Professor Dr Mohd Ariff Abdul Karim, former PKR Kelantan liason chief Nik Mahmood Nik Hassan, former Bursa Malaysia chief operating officer Omar Malik Ali Merican, deputy president of Uniphonex Nik Mohd Sidek and a top official from Deutsch Bank.

Third attempt to disqualify judge

This is the third time Anwar has made the application to have Justice Zabidin withdraw himself as the presiding judge. The first was over the judge rejecting any action to be taken against Utusan Malaysia following alleged danger of biasness in his decision early last year.

The second followed senior cousel Karpal Singh claim that Justice Zabidin did not follow the precedent set in the Supreme Court ruling in not allowing an expert witness supply documents which was used during a medical examination of the sodomy complainant. Another reason Anwar is making the application is because Zabidin had made a threat of contempt against Karpal, although the judge subsequently withdrew it.

Today will see Karpal making his submissions first to disqualify Zabidin. This will be followed with solicitor-general II Mohd Yusof Zainal Abiden making his reply, and Karpal will then reply.

Justice Zabidin will then have to make a decision either today itself or another day, on the latest attempt to disqualify him to preside the trial. Should Justice Zabidin dismiss the application as what had been done previously, Anwar is expected to take the stand.

Rosmah and Najib yet to make appearance

Although Anwar has three options in making his defence - testifying from the witness stand, choosing to remain silent or testifying from the accused dock without being subject to cross-examination, the politician is expected to testify from the witness stand.

Anwar's defence team had already managed to interview five out of 25 intended defence witnesses throughout the three weeks break in between the trial.

This does not include Prime Minister Najib Abdul Razak and his wife Rosmah Mansor whom Anwar had blamed this sodomy charge is the latest in a round of political conspiracy against him.

They have so far interviewed Pusrawi doctor Dr Mohd Othman Abdul Hamid, the first physician who examined Saiful.

Others include former national athlete Mumtaz Jaafar, to whom Saiful related the alleged sodomy and said to be a close confidante of Rosmah, former special officer to the deputy prime minister Khairil Annas Jusoh, who had met with Saiful; a medical officer at Hospital Kuala Lumpur identified only as 'Dr Daniel'; and Saiful's sister Saidati.

source:malaysiakini

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