Anwar seeks disqualification of 'tainted' judge
Jailed deputy prime minister Anwar Ibrahim caused a stir this afternoon when he told the Court of Appeal that he did not want justice Mokhtar Sidin to hear his case because of allegations of corruption against the judge.
Mokhtar is one of the three judges hearing Anwar's appeal against his six-year corruption conviction. The other two are Court of Appeal president Lamin Yunus and Ahmad Fairuz.
"My case is precarious enough and I don't think it should be prejudiced further," said Anwar.
Anwar explained to the panel of judges that he had attended a meeting with the Council of Malay Rulers regarding the elevation of Mokhtar from High Court to the Court of Appeal.
"I represented the Prime Minister at a meeting with the Malay rulers to decide, among other things, the elevation of Mokhtar Sidin as a Court of Appeal judge. Before the meeting started, the rulers brought up the issue pertaining to allegations of corruption against Mokhtar, and that the elevation be cancelled.
"They discussed with me, and I asked the elevation to be postponed to enable me to bring the matter up with the PM for his consideration and further investigation. The meeting then decided to postpone the elevation, without giving any reason, on my advice.
"I raise this issue today so that my appeal, which is already precarious, is not further pressured by the prejudice of Mokhtar because of my decision at the meeting," said Anwar.
Mokhtar, in reaction to Anwar's appeal, said, "I didn't even know about this matter."
Lamin then asked Anwar why he failed to instruct his counsel "so that proper procedure could be followed".
Anwar said that he did not want to burden his counsels further, and he had wanted to address the panel on the issue personally.
Lead public prosecutor, Abdul Gani Patail, told the court he was concerned with the confidentiality of what was discussed during the meeting with the rulers.
"I do not know what transpired. However, a disclosure of the discussions or the decisions of the rulers may be a breach of the Official Secrets Act (OSA)," Gani said.
Anwar responded that he did not give any comments made by the rulers.
"I am not here to divulge any details in terms of the conference, of opinions expressed," Anwar said, adding that what he told the court was public knowledge at that time.
Gani issued a warning to all those present in court, including journalists, to take into consideration that reports on the matter could breach the OSA. Lamin told reporters to pay heed to the warning, but did not make any rulings to gag the press.
The judges will decide tomorrow on the concern raised by Anwar.
"We want to think about this," Lamin said. "We will come back tomorrow because it is so late in the day, it requires some thinking."
Currently serving a six-year jail term, Anwar stands trial for a separate charge of sodomy and sexual misconduct with adopted brother Sukma Dermawan Sasmitaat Madja.
Anwar has repeatedly denied all charges and says they were cooked-up to end his political career.

