KUALA LUMPUR (AFP) – Malaysian opposition leader Anwar Ibrahim failed in his third bid Monday to remove the trial judge in his drawn-out sodomy case.
The 63-year-old is on trial over allegations that he sodomised a 25-year-old former aide at an upmarket apartment in June 2008. He says the accusations are politically motivated.
"This is a very fundamental issue, an issue of justice... Where is the test of bias?" Anwar told reporters outside the High Court courtroom after his legal team unsuccessfully argued Judge Zabidin Mohamed Diah was biased.
"We have not been able to even interview the list of witnesses offered to us, and you expect us to go in the dock and defend ourselves? Defend from what when a decision has been made?" said an agitated Anwar.
In seeking the judge's removal, Anwar's counsel Karpal Singh told the court that Zabidin had effectively convicted Anwar before the opposition leader had given his defence.
Last month, the judge ruled that Anwar had a case to answer after finding the prosecution's main witness -- the accuser -- "credible". That decision amounted to a prejudgement, Anwar's defence team say.
Karpal saidthe prosecution was also delaying the trialby allowing Anwar's lawyers to interview only five of the 25 witnesses it had promised, including Prime Minister Najib Razak and his wife.
They met Mohamad Saiful Bukhari, the man allegedly sodomised by father-of-six Anwar, after the purported incident.
Throwing out the latest bid to have him removed, Zabidin told a packed courtroom: "I find the application by the defence to be without any merit and therefore I hereby reject the application."
Government prosecutor Mohamad Yusof Zainal Abiden argued that there had been "no prejudgement and there is no bias" because the judge had done his job in evaluating the evidence and concluded the evidence was strong enough to establish a case against Anwar.
Anwar's lawyers said they will appeal the ruling and the trial will resume on July 13.
And then ...
Karpal ticks off those calling for speedy sodomy trial Saturday, August 06 @ 08:01:30 CDT
The lead counsel in the ongoing Sodomy II trial was referring to attempts by pressure groups such as Gerakan Anti-Penyelewengan Selangor (GAPS) to speed up the trial.
“Anwar Ibrahim's trial should be allowed to proceed without any interference from any quarter,” said Karpal (right) in a statement today.
“Neither Suhakam nor GAPs or for that matter anyone else should make any public statements with regard to the course the trial has taken or should take."
Karpal explained that pressuring the judge to speed up the trial "would amount to contempt of court because such action would interfere with in the administration of justice".
“Anwar as every right to exhaust the legal remedies open to him under the law to prove his innocence,” he said. Star today reported GAPs urging the courts to expedite the trial, following complainant Mohd Saiful Bukhari Azlan's father Azlan Mohd's decision to seek Suhakam's intervention on Wednesday.
“Suhakam is the best platform to advise the chief justice to expedite the case. There should not be any more delays,” Star quoted GAPS chairperson Hamidzun Khairuddin saying.
He also reportedly said this ... in a statement that is.
Anwar’s right
In his statement issued today, Karpal warned that neither GAPS nor Suhakam, or anyone else for that matter should make public statements pertaining to course of the trial.
Saiful’s father Azlan Mohd has sought Suhakam’s help last Wednesday to determine what could cause the case to be delayed further.
On May 16, the High Court ordered PKR supremo Anwar to enter his defence. The defence case is set from next Monday until Aug 26.
Karpal explained that Anwar’s applications to trial judge and appeals to the Court of Appeal and Federal Court on issues of law were in the exercise of that right.
Indeed he said as a result of the appeals, the law has been developed with setting forth important precedents.
He said the trial judge should be left without any interference to decide upon defence applications in the course of a trial.
Hence, he said Anwar’s trial should be allowed to proceed without any interference from any quarter.
“Anwar has every right to exhaust all legal remedies open to him under the law to prove his innocence,” said the Bukit Gelugor parliamentarian.
Not so many moons ago, he said ... mmmmmm watch the YouTube recording below lah!
and below is what HE has been saying since many moons ago ...
If found guilty of sodomising a former aide, Anwar could be jailed for 20 years, in effect ending his political career.
The 62-year-old Anwar has repeatedly denounced the trial, saying the charges had been trumped up by political opponents looking to end his challenge to the government.
PM blamed
Speaking to reporters outside the court on Tuesday, Anwar blamed "the machinations of the dirty, corrupt few" and accused Najib Abdul Razak, the prime minister, and the premier's wife Rosmah Mansor, of being responsible for the trial.
Anwar said that both Najib and his wife had met his accuser and had interfered with the legal process.
"They were personally involved in this conspiracy and frame-up. We have evidence that Saiful Bukhari was in the house with Rosmah and met Najib a few days before he lodged the police report," Anwar said, referring to his 25-year-old accuser.
He added that his defence team planned to call the prime minister and his wife as witnesses.
Najib, who was deputy prime minister at the time, has acknowledged Saiful visited him but says it was in connection with a university scholarship.
The government has denied any interference and has promised that Anwar will receive a fair trial.
THIS is among the stronger sentiments engulfing a vast section of Malaysians. While some may want to engage in endless double-talk many want nothing but the truth. (I'm sure the Bar Council would agree with me here)
DID Anwar Ibrahim sodomise Saiful, his former aide cum tea-boy ?
Only the Court of Law could give us an answer, so let the trial resume without any DELAYS ... real or perceived as YB Karpal says.
hmmm..
ReplyDeleteit is obvious that anwar and his team are extremely desperate or supremely arrogant..
thats all. shame on them!