PUTRAJAYA: The Federal Court yesterday adjourned Opposition leader Datuk Seri Anwar Ibrahim’s appeal to obtain documents for his sodomy trial to a date to be fixed to give him sufficient time to file the petition and prepare his case.The postponement was granted by a panel comprising Chief Judge of Malaya Tan Sri Arifin Zakaria, Justice Datuk Md Raus Sharif and Justice Datuk Abdull Hamid Embung.
Earlier in the proceeding, Anwar’s counsel Karpal Singh told the court that they should be given sufficient time to prepare the appeal as they had only received the record of appeal from the Court of Appeal on Dec 30, last year.
“According to the rules, we have 10 days from the day we received the record of appeal, to file the petition of appeal. We will file the petition by Monday.
“We also received a notification from the court on Dec 29, last year, informing us that this appeal was set for hearing today (yesterday). It is unconstitutional that the hearing date was fixed even before the petition of appeal is filed,” he said.
Solicitor-General II Datuk Mohamed Yusof Zainal Abiden, however, asked the court to fix an early date for the appeal hearing as the case involved public interest and the sodomy trial in the High Court would commence on Jan 25.
Karpal said: “There is no need to hurry. This is an important appeal involving the interpretation of section 51A of the Criminal Procedure Code (CPC). The decision of this court will bind and affect other courts.
“Just because the trial will go on Jan 25, (it) doesn’t mean that this appeal should be rushed. We should be given sufficient time, at least one month.”
Anwar, 62, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara, Kuala Lumpur on June 26, 2008.
On July 16, last year, High Court judge Datuk Mohamad Zabidin Mohd Diah granted Anwar’s application to compel the prosecution to supply him with the documents under section 51A of the CPC to enable him to prepare his defence so that the prosecution process would be more open and fair.
However, on Nov 6, last year, the Court of Appeal allowed the prosecution’s appeal against the High Court order on the grounds that documents sought by Anwar did not fall under Section 51A of the CPC as there was limitation for the prosecution to supply certain documents to the accused.
Among the documents he sought were the recorded witness statements of Mohd Saiful, Dr Osman Abdul Hamid, of Pusrawi Hospital, and condominium owner Hassanuddin Abdul Hamid, statements of three doctors from the Kuala Lumpur Hospital, a chemist’s notes and medical reports.
The Court of Appeal had also rejected Anwar’s cross-appeal against the same High Court order which rejected his application to get a specimen sample from Mohd Saiful. — Bernama