Sodomy trial: Defence to reply to 'stay' application

The defence team in the Anwar Ibrahim sodomy trial has been given time to reply to the prosecution's application for a stay order on documents to be tendered as exhibits.

Justice Mohd Zabidin Mohd Diah granted a postponement to today's stay proceedings to facilitate Anwar to respond to several points raised in the prosecution's affidavit signed by DPP Nordin Hassan.

Defence counsel Amer Hamzah Arshad (left) had pointed out three matters raised to Nordin's affidavit which needs to be replied.

“It would be a short affidavit-in-reply to the three issues raised by the prosecution which we feel is vital,” he said.

However, Solicitor General II Mohd Yusof Zainal Abiden, leading the prosecution, objected to the filing of an affidavit-in-reply as the prosecution is only relying on points of law. He said its submission would only take 15 minutes.

“There is no reason (to grant a) postponement,” he said.

Amer Hamzah replied that the defence had obtained a sealed copy of the notice of motion for the stay application only yesterday, and that it is necessary for the court to provide time for a reply.

“We are not asking for a long date but perhaps until Friday, where the case had been fixed for mention,” he said.

In the stay application, the prosecution provided three grounds:

• The court ruling to hand over documents to the accused would have implications and an impact not only on the sodomy case, but on other criminal cases nationwide.

• It would prevent the prosecution appeal at the Court of Appeal from becoming academic, as it involves certain questions of law.

• The matter of giving a copy of the witness statements to Anwar involves points of law which the appellate court must decide first, before the High Court proceeds with the trial.

Postponement granted

Justice Mohd Zabidin granted a postponement and fixed Friday to hear the prosecution's stay application.

He also granted an interim (temporary) stay to the prosecution over handing over some of the related documents as ordered last Thursday.

“The interim is granted until the disposal of the stay application. We will hear the application on Friday morning and there is no need for Anwar to be present during the hearing of the application,” said the judge.

Anwar, 62, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara on June 26, last year.

On July 16, Mohd Zabidin had given the prosecution seven days to hand over exhibits including video footage and a medical report.

The prosecution was further ordered to allow Anwar's lawyers to inspect CCTV recordings of the alleged crime scene, if the copy provided is unclear.

The footage is from the guardhouse and lifts to Block 11 of the Desa Damansara condominium and other locations within the complex.

The judge also ruled that the Kuala Lumpur Hospital doctors’ examination notes on Mohd Saiful should be handed to the defence team.

However, Mohd Zabidin did not allow the PKR de facto leader to receive the original DNA specimens because the samples had been packed and sealed.

On July 17, the prosecution filed a notice of appeal against the court’s decision. Anwar has indicated he may file a cross-appeal.