Sodomy II : Prosecution's appeal against handing over of extra proofs to be heard tomorrow

themalaysianinsider

By Debra Chong

KUALA LUMPUR, July 21 — The High Court is set to hear the prosecution's bid to suspend furnishing extra proofs to Datuk Seri Anwar Ibrahim's defence team in the lead-up to his Sodomy II trial tomorrow.

The prosecution team, led by Solicitor General II Datuk Yusof Zainal Abiden, filed the stay yesterday. They have also filed an appeal at the Court of Appeal in Putrajaya to overturn the judge's decision made last Thursday.

Judge Datuk Mohamad Zabidin Mohd Diah who had sat over the Opposition Leader's bid to get the proofs pre-trial ruled in Anwar's favour.

He ordered the prosecution to hand over everything to the defence, except for the original DNA samples of the complainant and swabs taken from the crime scene, so as to give Anwar a fair chance at defending himself in the upcoming trial.


The Permatang Pauh MP insisted he would be denied a fair trial if he does not get the items.

But the prosecution insists it alone has the right under the law to decide what items can and cannot be given to the defence team ahead of the trial.

The 61-year-old former deputy prime minister was charged last year with sodomising a former male aide in a condominium here. This is the second time in a decade he has been accused.

As in the first trial, Anwar pleads not guilty.

The trial was originally fixed to start on July 1, but has been delayed pending Anwar's other bids to strike out the charge against him and/ or to disqualify the prosecution team because of their alleged involvement in his 1998 trial.