By Debra Chong
Opposition Leader Datuk Seri Anwar Ibrahim today failed in his bid to get extra evidence from the prosecution before his Sodomy II trial.
The Court of Appeal panel of judges, made up of Datuk Hasan Lah, Datuk Wira Abu Samah Nordin and Datuk Sulaiman Daud, unanimously ruled in favour of the prosecution and struck out Anwar’s cross-appeal.
Hasan, who led the Bench, overruled the prosecution’s argument that the High Court judge in Anwar’s trial had made a mistake in interpreting the law when the latter ordered the prosecution to supply certain evidence to the defence team.
But at the same time, the judges decided that Anwar was only entitled to certain documents before trial to prepare his defence.
The written grounds of judgment will be given out at a later date.
The prosecution team, led by Solicitor General II, Datuk Zainal Abiden, later told reporters that the documents Anwar was entitled to had already been handed over to his defence team.
“The status quo remains,” said one of the deputy public prosecutors.
Anwar’s lawyers however, insist that an amended part of the Criminal Procedure Code, which was passed by Parliament in March 2006, entitles the grandfather to more documents before trial.
Among the laundry list of demands from the defence are: the chemist’ notes on DNA samples taken of Anwar and his accuser; the Pusrawi Hospital medical report where Anwar’s alleged victim had first visited after being supposedly sodomised; and certain closed circuit television (CCTV) footage from the condominium in upmarket Damansara Heights where the act is said to have happened.
“All these we are going to get during trial anyway. So why can’t we get them now?” Anwar’s lawyer, R. Sivarasa, said.
He added that if the defence got hold of the document, it would avoid unnecessary delays in the trial later.
“It’s to prevent trial by ambush,” said another of Anwar’s lawyers, Sankara Nair.
His team of lawyers, led by DAP chairman, Karpal Singh, announced they would file an appeal at the Federal Court on Monday.
The former deputy prime minister who returned to Parliament after winning the Permatang Pauh seat in a by-election last year is charged with performing sex against the order of nature for the second time in his career under strikingly similar circumstances to the one he went through a decade ago.
Anwar, 62, claims the charge is politically-motivated to effectively prevent him from taking over Putrajaya.
He faces a jail term of up to 20 years if found guilty.He has also separately filed several other suits against the prosecution.
The Kuala Lumpur High Court will hear Anwar’s bid to strike out the sodomy charge against him on Nov 23.
It will also decide when to start trial the same day.
They are really out to fix DSAI…unless some one from the bench brave enough to uphold Justice. We can never see thru justice in this country.
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not to say extra evidence, even the core evidence does not exist!
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hey look. a case can be fabricated. anyway, to win the case, the prosecution must provide the followings:
1. eye witnesses.
2. evidences.
dna samples can be tampered. medical report has leaked -> no penetration.
’sumpah muqabalah’ can’t be produced in court. not even in syariah court, i dont think that is acceptable.
there is no way the prosecution could proof it. if they do, kiamatlah!
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Funny… defendant is not allowed access to evidence??? What crap!
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“didn’t i told you so”these judges are laughing all the way to the banks collecting fat salaries,theoretically to deliver justice practically none.let us not get discourage by turn of events,lawan tetap lawan.
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what do we expect the kangroo court with the rotten chief justice to practice the rule of law to malaysian public?
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There is No Rule Of Law in Malaysia…(2 set of Law) There is no need for Facts Of Case…The Lawyer And Judge Decide ! The System Sucked !
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Anwar, by hook or by crook, they are going to get you by all means as you are a threat to them…
They dont mind to be a laughing stock of the world so long as their act will put them in power…
They are trying very hard to please the Rakyat esp the Chinese and Indians that is why they come out with 1Malaysia to fool the simple minded when it is only an empty slogan…
The following is the equation in the Rakyat’s eyes:
Police Judges MACC’s official = Barisan Nasional = Corruption
Saudara, you have to take care !!!
The Rakyat are with you and family !!!
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Make all the noise you want….who cares! That’s the mentality of the present Malaysian Government. With time everything will subside and business will once again be “as usual”! UMNO/BN will rise from the “ashes” of the last GE and rule Malaysia once again for another 50 more good years!!!!!!!!
WAKE UP MALAYSIA! How long do you want to endure with the totalitarian rubbish which UMNO/BN has “spoon fed” you since independence?!!!!!!! Our dearest Tun, in retirement, can best be described as the “Mother of all Prime Ministers” who has left a legacy of “big-time screwups”!!!!!!! What more can you expect from his subordinates!? Does this sound fimilar….”CORRECT CORRECT CORRECT”! And more of this is to be expected if there is not going to a change of regime! MARK MY WORDS!!!!!!!!!!!!
Das
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DSAI,
THERE IS NO WAY OUT FOR YOU.
THE SYSTEM WHICH YOU SUPPORTED WHEN YOU WERE IN BN IS GOING TO DESTROY YOU.
IF THEY ARREST YOU PLAN A HUGE DEMONSTRATION AND KILL BN FOR GOOD.
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These type of judges never uphold their principles of law and are never just and fair. They will never be the true judges like in the old days. Once they have failed to uphold the true principles of law and justice they can be considered as traitors to their noble professions. These type of judges are not worth a single cent in the eyes of true justice. They are a shame to the judiciary.
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Indeed! there are laws of the jungle,laws of the forbidden land and laws of the untouchables.The rest are history.Boring @10.33am you are correct…correct…correct…
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