Anwar withdraws appeal to recuse judge
KUALA LUMPUR (March 16, 2010): Opposition Leader Datuk Seri Anwar Ibrahim has withdrawn his appeal to recuse Justice Mohd Zabidin Mohd Diah from hearing his sodomy trial.
Anwar’s counsel, Karpal Singh, told reporters at the Parliament lobby today the defence had withdrawn the appeal because it did not want to unnecessarily prolong the trial as the appeal could reach the apex court.
The hearing of the appeal, filed last month, had been scheduled for Friday.
“What we intend to do is to go on with the trial as soon as possible and, in the course of the trial, make certain applications related to documents and materials which we require,” Karpal said.
The veteran lawyer, who is also the Bukit Gelugor MP, said the defense wanted the trial to be expedited.
Anwar said that with the withdrawal of the appeal, the sodomy trial was expected to resume on March 25 with cross-examination of Mohd Saiful Bukhari Azlan by the defense counsel.
“We are of the opinion that we can proceed and Karpal will then have to alert the judge on the reasons why we are withdrawing the appeal and why we want to proceed expeditiously with the trial,” he said.
Anwar, 63. who is also the Permatang Pauh MP, is accused of sodomising his former personal aide, Mohd Saiful, 25, in a condominium in Bukit Damansara on June 26, 2008.
He is charged under section 377B of the Penal Code and faces up 20 years imprisonment if convicted.
Meanwhile, Anwar’s application to strike out the defence in a RM10 million defamation suit against academician Dr Chandra Muzaffar will be heard at the High Court on April 9.
Deputy Registrar Wan Nursalina Wan Abdullah fixed the date in chambers today.
The case will be heard before Judicial Commissioner Dr Prasad Abraham Sandosham.
In his suit filed on March 6, 2008, Anwar claimed that Chandra had made defamatory comments against him at a forum organised by Star Publications(Malaysia) Bhd.
In his statement of claim, he alleged that defamatory words were published in The Star under the headline “Disaster if Anwar is PM”, and in the New Straits Times under the headline, “Chandra breaks silence on Anwar” on March 5, 2008.
In the statement of defence, Chandra denied making any defamatory comments on Anwar. He relied on the defence of justification. Alternatively, if the words were defamatory, it was published on an occasion of qualified privilege without malice.
Lawyer S.N Nair represented Anwar, and Zaharudeen Harun appeared for Chandra Muzaffar. — theSun