The Federal Court's decision on jailed ex-deputy prime minister Anwar Ibrahim's crucial sodomy appeal had been postponed for the second time with the new date being set for Sept 2.

Anwar's lawyer Sankara Nair told malaysiakini this afternoon that a fax from the Federal Court registry said that the judgment would not be delivered on Aug 28 as scheduled following attorney-general Abdul Gani Patail's request for a short adjournment.

Sankara said the postponement was made by Federal Court deputy registrar Azimah Omar, who was acting on the instructions of Chief Justice Ahmad Fairuz Sheikh Abdul Halim.

The AG had asked for a deferment as he would be away in Hong Kong to record statements from witnesses related to ex-Perwaja Steel managing director Eric Chia's criminal breach of trust trial.

Abdul Gani, who is the chief prosecutor in Anwar's trial, said that he wanted to be present in court when the latter's sodomy appeal decision was announced.

Anwar had objected to the request for postponement as he did not want the matter to be further prolonged after the first deferment last month

Anwar, who is now at the Hospital Kuala Lumpur after his slipped disc condition worsened, is appealing against his nine-year jail sentence for a sodomy offence involving the former driver of his wife in 1993.

'Double standard'

Sankara, meanwhile, was indignant over the adjournment.

"The decision by the court to defer is most cruel to my client as they are aware of his health condition and that the judgment is crucial for him," he said.

"We met at the hospital yesterday and he told me that the urologists' report showed that his kidney and bladder functions had further worsened. He is in a lot of pain and I told him to hang on until Aug 28. He will be most upset to hear of the postponement."

He said Anwar had however suspected that the AG's request would be approved.
"He had said that it would be very unfair for the court to allow the request as the AG need not be there as the appeal is already at its final stage."

Anwar's wife Dr Wan Azizah Wan Ismail, when contacted, said the postponement was another one of the 'strange happenings' that had occurred throughout the case.

"As the case continues we are never failed to be surprised by such odd developments and a series of strange happenings. It's funny why they allowed the adjournment when the AG need not be there."

She also questioned the CJ's conduct over the matter.

"Our earlier request to speed up the case was denied but the AG easily obtains a deferment. It shows a double standard ... just like the selective prosecution of Anwar. This only goes to show that his is not a normal criminal case but a political one," said Wan Azizah.

Postponement 'ridiculous'

Commenting on the matter, Free Anwar Movement spokesperson Tian Chua, who is also Parti Keadilan Rakyat vice-president, said the second postponement was 'ridiculous'.

"The matter has been delayed long enough. Justice delayed is justice denied. I don't understand why the matter has to be deferred just because the AG can't make it. He could have negotiated for an earlier date," said Tian.

He said that it was unbecoming of the chief justice to approve Gani's request.

"It doesn't look dignified for the chief justice to act contradictorily in such a short span of time. When we asked for the decision to be expedited, he (the CJ) said he said he can't be seen to be directing his judges.

"But when the AG made his request, he has no problem taking action," he said.

Tian said such conduct gave rise to suspicion that the judiciary was not independent of the prosecution.

"We all know that the judgment is ready and is only awaiting to be delivered. Based on events that have taken place so far, we wonder is there is some backdoor lobbying to influence the outcome of the appeal," he said.