Anwar Ibrahim’s sodomy trial at the Kuala Lumpur High Court has been postponed for the second consecutive day following an application by the defence reply to an affidavit filed by the prosecution.

Yesterday, the defence team had applied to disqualify judge Mohamad Zabidin Mohd Diah on grounds of 'bias'. Chief prosecutor Mohamed Yusof Zainal Abiden then told the court that he would have to file an affidavit-in-reply.

NONEThis morning, lead defence counsel Karpal Singh told the court that the defence team would file a reply to the prosecution's affidavit-in-reply.

Justice Zabidin then said that hearing would resume tomorrow morning at 9.30 am after he had attended to the affidavits.

In their disqualification application, Anwar’s defence said Justice Zabidin had failed to initiate contempt proceedings against Utusan Malaysia, or even caution the Malay-language newspaper in two instances:

  • over the use of the word lagi in their headline Tak rela diliwat lagi (Not willing to be sodomised again) in its front page report, and Berhenti kerana tidak mahu diliwat lagi (Resigned because he did not want to be sodomised again) on page 3 on Feb 4; and
  • because of a caption on the front page on Feb 5.

Saiful’s cross-examination next

Anwar said in his affidavit that he was 'amazed and in utter disbelief' when the judge ruled that there was 'nothing wrong' with the photo caption.

Utusan had published a Bernama photo and caption which showed Mohd Saiful Bukhari Azlan (the complainant) pointing to a bed (below) and stating it was where he had allegedly been sodomised by Anwar.

NONEJustice Zabidin said the details had been mentioned in open court and therefore the report was ‘not mischievous’ and therefore there were no grounds to initiate contempt proceedings.

After the judge rules on the application to disqualify him tomorrow and barring any appeal, proceedings at the High Court will see the cross-examination of Saiful.

Anwar is accused of sodomising Mohd Saiful at Unit 11-5-1 Kondominium Desa Damansara, Jalan Setiakasih, Bukit Damansara, between 3.01 pm and 4.30 pm on June 26, 2008.

Anwar, 63, is charged under Section 377B of the Penal Code and could be sentenced up to 20 years in jail and whipping upon conviction.

Saiful is expected to be cross-examined by Karpal Singh, who is heading the high-powered defence team comprising Param Cumaraswamy, CV Prabhakaran, SN Nair, Ram Karpal Singh Deo, Marisa Regina Fernando and Mohd Razlan Jalaluddin.