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1 Sep 2009

Anwar's suppression of facts appeal set for Oct 23

Hafiz Yatim, Sep 1, 09, 12:22pm
The Court of Appeal has fixed Oct 23 to hear opposition leader Anwar Ibrahim's appeal to quash a certificate issued by the prosecution to suppress evidence relating to his latest sodomy charge.

The date was fixed by the deputy registrar Jumirah Marjuki at the appellate court when it came up for case management today.

Anwar's lawyer Sankara Nair (right) spoke to reporters after meeting Jumirah thismorning.

The prosecution had filed the certificate issued by the prosecution to declare there were "no favourable facts" in Anwar's defence against his sodomy charge against his aide Mohd Saiful Bukhari Azlan.

However, evidence, especially medical reports from Hospital Pusrawi and Kuala Lumpur Hospital last year, were not provided to the defence by the prosecution.

On July 24, the Kuala Lumpur High Court allowed the prosecution to hold on to their documents pertaining to Anwar's sodomy trial pending their appeal against a previous court ruling ordering them to hand them over to the defence team.
Prior to this, Justice Mohd Zabidin had on July 17 directed the prosecution to furnish Anwar with a copy of the CCTV recordings taken from the condominium guardhouse, chemist's notes on the DNA testing and analysis, the list of prosecution witnesses, statement of facts favourable to the defence and the medical examinations on Mohd Saiful at the two hospitals.

However, the prosecution filed an appeal and issued the certificate to bar access to these documents.

The certificate is part of a stack of documents supplied to the defence under Section 51(A)(1)(c) of the Criminal Procedure Code (CPC) and signed by deputy public prosecutor Mohamad Hanafiah Zakaria

'Trial by ambush'

On Aug 3, Anwar's lawyers had also filed an application to seek a declaration that the certificate tendered by the prosecution under the Criminal Procedure Code was null and void.

He is also seeking a certiorari order (a judicial review) to set aside the certificate, a mandamus order against (to compel) the prosecution to furnish the defence with favourable facts and an injunction to stop the prosecution from continuing with the hearing until such evidence had been provided.

When the prosecution had issued the certificate, Anwar's team of lawyers had alleged that the prosecution was conducting the trial by ambush by suppressing vital evidence.

Presently, only the first information report and the statement recorded by Anwar was given to the defence and they are seeking more closed circuit recordings of the premises and the medical reports of the two hospitals.

Anwar, 62, claimed trial to sodomising Mohd Saiful at an apartment in Bukit Damansara on June 26, last year.

Anwar's sodomy case has also been fixed for mention tomorrow before Justice Mohd Zabidin, while the High Court's Appellate and Special Powers division fixed Anwar's application for a judicial review for also tomorrow.

The High Court's Appellate and Special Powers division had also fixed Thursday to hear submissions in Anwar's judicial review application to bar seven prosecutors from conducting the trial.

source - Malaysiakini

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