Court refuses Anwar time to get new lead counsel
Anwar Ibrahim’s sodomy trial began this afternoon, after the High Court stuck to its decision to deny him a postponement to engage a new lead counsel.
Anwar Ibrahim’s sodomy trial began this afternoon after the High Court stuck to its decision to deny him a postponement to engage a new lead counsel.
Senior lawyer Sulaiman Abdullah (right), who is still unwell, had told Anwar to appoint a new lead counsel as he did not want to be the cause of further delays to the trial. It has already been postponed once.
Anwar is being represented by a nine-member team of lawyers, including Sulaiman.
Speaking to reporters outside the court, Anwar said his lawyers had met justice Mohamad Zabidin Mohamad Diah in chambers this morning to seek more time, but were told that this was “a technical matter that can be solved”.
The judge then set 2pm for the case to start. However, soon after the hearing resumes, justice Mohamad Zabidin ordered Anwar's legal team to proceed with the case.
"I am confident there will be no injustice. The request for adjournment is denied and the case will go on," said the High Court judge.
Sivarasa Rasiah, a lawyer for Anwar who insists the charges are a conspiracy to neutralise him politically, told the court the defence team would proceed "but under protest".
"This is bad news for me.... I had great confidence in him," Anwar said of his lead counsel, Sulaiman, who has been hospitalised with bouts of dizziness that already led to one postponement.
"As it stands, the vibes are not too good. I need time to consult with my lawyers but the judge wants to proceed."
'Right of choice'
Another defence lawyer, Sankara Nair cited Article 5 of the federal constitution in noting that Anwar has the right to the lawyer of his choice.
“Sulaiman has over 30 years of experience... the judge has asked for junior lawyers to proceed without Sulaiman, but we are just assisting him,” said Sankara.
He said the defence team will apply to the judge to consider his decision when the court sits this afternoon.
“It is just a matter of just reading out the submission, but Sulaiman has the experience to expand on this (in a way that's) better than (if it were done) by a junior counsel,” explained Sankara.
He added that they would need at least two weeks to look for and appoint another lawyer of “equal stature” to Sulaiman.
An upset Anwar also said the defence team has yet to receive the authorised medical report from the private hospital where the complainant had sought treatment after allegedly being sodomised.
“(The prosecution) said we can get the report online. This is clearly to frustrate our case. If they want to start, how can (we respond) without basic documents?”
Push for disclosure of evidence
His lawyers will now push for disclosure of evidence including DNA samples, medical reports and CCTV footage which they say is critical to preparing their defence.
Anwar repeated his long-held assertion that the prosecution team is “tarnished” because of its association with attorney-general Abdul Gani Patail, whom he has implicated in fabricating evidence against him in a case in 1998.
This afternoon, the court is to:
- Hear the defence team's application to compel the prosecution to supply a complete set of original documents, statements of witnesses, security recordings and other exhibits relating to the charge;
- Set a date for mention of Anwar's application to strike out the sodomy charge; and
- Fix new trial dates, depending on the outcome of the previous applications.
Anwar, 61, is charged with sodomising his former personal aide Mohd Saiful Bukhari Azlan, 23.
Human Rights Watch this week called on Malaysia to drop the "politically motivated" charges.
"This trial is a bald-faced attempt to permanently remove an opposition leader from Malaysian politics," said the US-based group's deputy Asia director Elaine Pearson.
