Stay application quashed, trial resumes tomorrow

The Kuala Lumpur High Court has quashed an application for a stay sought by Anwar Ibrahim in his sodomy trial.

After about 40 minute submissions from both parties, Justice Mohd Zabidin Mohd Diah decided that there were no special circumstances to grant the stay and ordered for the trial to proceed.

Following this, both parties agreed to resume proceedings at 2.30pm tomorrow.

The morning proceedings began with the defence team successfully postponing the stay application to 2.30pm, to facilitate a morning meeting with Chief Justice Zaki Azmi.

The defence team intended to discuss a possible review of Anwar's failed bid at the Federal Court last Friday to seek an order which will allow him access to certain documents deemed crucial to his defence.

Though Zaki was unavailable this morning, the defence team secured another appointment with Court of Appeal president Alauddin Mohd Sheriff tomorrow morning.

Today marked the beginning of Anwar Ibrahim's sodomy trial, his second since 1998, in what promises to be a drawn out and gripping legal battle.

Anwar is accused of sodomising his then aide Mohd Saiful Bukhari Azlan, 24, at a condominium at Bukit Damansara on June 26, 2008.

LIVE UPDATES follow from the Kuala Lumpur High Court.

3.35pm: Court adjourns. Resumes at 2.30pm tomorrow.

3.30pm: Judge Mohd Zabidin rules that there are no special circumstances to grant a stay order and orders for the trial to proceed. 

3.20pm: Submissions ends. Court adjourns for 10 minutes for Justice Mohd Zabidin to decide on the stay application.

3.15pm: Mohd Yusof tells the court that there are no special circumstances for the court to granta stay.

He adds that medical reports in his possession makes no mention of plastic being inserted in Saiful's anus.

3:10pm: Lead prosecutor Mohd Yusof begins submissions.

2.50pm: Karpal submits that two medical reports found no evidence of penetration in Saiful's anus and is thus sufficient grounds for Judge Mohd Zabidin to grant a stay application.

"Penetration is an important element. Conviction is unlikely. No judge will hold that other witnesses were necessary," he said

"(Even) if you called 1,000 witnesses what is fundamental is the medical report which shows no penetration."

2.35pm: Defence lawyer Karpal kicks off proceedings by citing several precedence to support stay application. Earlier he told court that the defence team was unable to meet Chief Justice Zaki and was instead instructed to meet Court of Appeal president Alauddin Mohd Sheriff.

Since Alauddin is undergoing dental treatment today, an appointment has been fixed for tomorrow.

2.30pm: Anwar and his family are back in the court complex. Anwar is sporting sunglasses and is greeted with cheers and chants of 'Reformasi' by about 50 supporters.

Police appears to have learned from the morning commotion are now vigorously inspecting those trying to enter the building. Bags are also being checked.

Photographers - who caused a stir by mobbing Anwar and others this morning - are barred from entering the court building.

10.44 am: About 20 Pakatan Rakyat supporters are singing a modified version of Goreng Pisang, changing the words to Suara Rakyat at the entrance of the building.

The chorus stops intermittently for someone to tell stories about how "bad" the BN government is, and how "virtuous" Pakatan is in comparison.

Police do not stop them. There has been no use of force this morning. The FRU has not been deployed, just the regular police personnel.

10.34am: Anwar leaves the court complex to shouts of "Hidup Anwar" by about 50 supporters.

The police tick off reporters for 'damaging' the yellow-line cordon and, for good measure, censure about 40 state assemblypersons and parliamentarians for chatting loudly.

10.25am: Anwar speaks to the crowd, saying he has asked his lawyer to subpoena the prime minister and his wife as witnesses.

He then leads supporters in shouting "lawan tetap lawan" (we will keep fighting).

10.11am:Tian chua and other PKR leaders lead an impromptu rally in the court lobby. From the staircase, Tian, gives a speech calling on the public to "defend Anwar"..

Supporters display a banner with the words 'Himpunan bantah fitnah-2' (Rally against second round of lies).

About 30 police personnel try to charge into the crowd but are stopped by PKR supporters who form a human wall around their leaders. Shouting 'Reformasi', they manage to hold back the police.

A few supporters get emotional and scold the police personnel, who back off and instead, disperse reporters surrounding the crowd.

In a second attempt, the police get into a tussle with supporters in trying to grab the banner - the supporters win the tug-of-war and bring out another banner and posters.

Police back off again and are monitoring the situation, as PKR leaders continue with their speeches.

9.50am: Justice Mohd Zabidin Mohd Diah adjourns proceedings to 2.30pm, when Anwar's legal team is expected to make submissions for the stay application. 

9.45am: Anwar's counsel Karpal Singh applies for a stay of the  proceedings pending an appointment later this morning with Chief Justice Zaki Azmi, concerning a review of Friday's Federal Court decision which dismissed Anwar's appeal to get certain documents.

Lead prosecutor Mohd Yusof Zainal Abiden does not object.

9.26am: A frail-looking Kelantan Menteri Besar Nik Abdul Aziz Nik Mat arrives and shakes Anwar's hand.

9.17am: Anwar jokes with Bar Council president Ragunath after failing to open the door of the dock.

When Ragunath opens it for him, Anwar remarks: "You have a lot of experience. After 11 years through this, I still cannot open it."

9.03am: Anwar shares a light moment with a policeman: "You have been here since 1998," he said, referring to his first sodomy trial.

9.00am: Anwar enters the court room flanked by Selangor MB Khalid Ibrahim, DAP leader Lim Kit Siang, PKR president Dr Wan Azizah Wan Ismail and her deputy Syed Husin Ali and Saifuddin.

8.57am: "We pray for the best but we are realistic enough," Anwar tells reporters waiting outside the court. "These are the machinations of the dirty corrupt few."

Asked about Pakatan Rakyat's future if he is convicted and jailed, Anwar replies: "The coalition is strong, we have made alternative arrangements."

Asked he he expects a fair trial, he says: "Well, we have seen the difficulties in the past but we pray for the best."

As photographers surround him and jostle for position, some fall and screams are heard. 

8.51am: Anwar and his family arrive outside the court complex to be met by shouts of "Reformasi'" and "hidup Anwar" from his supporters.

8.46am: Lead prosecutor Solicitor-General II Mohd Yusof Zainal Abiden arrives with senior DPP Nordin Hassan

8.42am: Bar Council president Ragunath Kesavan arrives. He is one of the observers.

8.35am: PKR deputy president Syed Husin Ali arrive with party office-bearers Elizabeth Wong and Dr Xavier Jayakumar.

8.33am: Anwar, his wife Dr Wan Azizah Wan Ismail, and their two children leave their home in Segambut and head to court.

8.28am: Former health minister, now a PKR leader, Chua Jui Ming arrives.

8.25am: Anwar's counsel Sankara Nair arrives. Ampang MP and PKR Wanita chief Zuraida Kamarudin shows up with members. Around 50 people have gathered thus far.

8.20am: An Anwar supporter says she is from the Permatang Pauh PKR division - Anwar's base in Penang. She and other party members hav come in two buses to lend support.

8.15am: Some PKR elected representatives are at Anwar's house in Segambut to show support.

8.10am: Anwar's counsel Param Cumaraswamy and deputy public prosecutor Noorin Badaruddin arrive.

8.00am: Mohd Saiful Bukhari's father Azlan Mohd Lazim arrives.

7.57am: Representatives of the Swiss and Canadian embassies arrive. More diplomats are expected later.

7.55am: PKR secretary-general Saifuddin Nasution Ismail arrives at the court complex.

Around 30 PKR supporters, mostly women, and about 10 reporters, are still queueing up to get passes outside the courtroom.

7.43am: Police are limiting press passes to only 30 and each media organisation will only get one each.

7.20am: Members of the diplomatic corps have started to arrive.

Representatives of the British and Japanese missions are already at the court complex.

7.00am: Riot police have taken up position and security is tight.

6.25am: Reporters begin arriving.