KUALA LUMPUR: Opposition Leader Datuk Seri Anwar Ibrahim will only know on Monday the outcome of his application to have his second sodomy charge struck out.
He had filed the application on grounds of an alleged affair between Deputy Public Prosecutor (DPP) Farah Azlina Latif and key witness Mohd Saiful Bukhari Azlan.
High Court Judge Justice Mohamad Zabidin Mohd Diah fixed Monday to deliver his decision after ruling that he “could not make a decision today”.
“I will need time to go through the submissions,” he said, after hearing submissions from counsel of both parties yesterday.
Anwar, through lead counsel Karpal Singh, had applied to have his charge struck out on grounds that the integrity of the prosecution team, led by Solicitor-General (S-G) II Datuk Mohd Yusof Zainal Abiden had been compromised as a result of the alleged affair.
Karpal had submitted that Mohd Saiful would have had access to investigation papers and witness statements via Farah Azlina, and that amounted to an offence under the Official Secrets Act 1972.
Mohd Yusof, however, argued that the allegation was not something that Anwar could prove.
He also said that DPP Hanafiah and investigating officer Jude Pereira had submitted affidavits-in-reply stating that at no time did Farah Azlina or anyone else have access to the documents and materials in the case.
On July 27, Attorney-General Tan Sri Abdul Gani Patail confirmed that Farah Azlina was dropped from the prosecution team in Anwar’s second sodomy trial as well as from the prosecution division of the Attorney-General’s Chambers.
This is Anwar’s second bid to have his charge struck out.
He had filed a similar application last year, based on medical reports stating that there was no sign of penetration into complainant Mohd Saiful’s rectum, but that application was dismissed.
He then appealed to the Federal Court.
A three-member panel led by Chief Judge of Malaya Tan Sri Arifin Zakaria rejected his appeal on May 4.
Anwar, 63, had claimed trial to sodomising his former aide Mohd Saiful, 25, at Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26, 2008.
Anwar also marked his 63rd birthday in court yesterday.
He arrived at the High Court here with his wife Datuk Seri Dr Wan Azizah Wan Ismail in high spirits and smiled at everyone in court.
Dr Wan Azizah was seen holding a bouquet of lilies which was later placed next to where Anwar was seated.
Asked later by reporters on his birthday wish, the PKR adviser said he did not have any particular wish.
“I don’t celebrate (my birthday). Today is just like any other day. If I have a wish, it would be the same as every day – for justice to prevail,” he said.
Anwar, who was born in Penang, later went to the court complex cafeteria where he had some birthday cake and tea.
Among those with him were PKR supreme council member Datuk Chua Jui Meng, Batu MP Tian Chua and lawyers Karpal Singh and his sons Gobind Singh Deo and Ram Karpal.
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