From Malaysiakini- Sodomy Trial: Anwar wants govt counsel disqualified

Sodomy trial: Anwar wants gov't counsel disqualified
Hafiz Yatim Feb 5, 09 1:39pm

Mohd Yusof Zainal Abiden, appointed only last month as the new Solicitor-General II, faced his first test at the High Court today when Opposition Leader Anwar Ibrahim wanted him to be disqualified from conducting the sodomy trial.

Anwar’s lead counsel Sulaiman Abdullah (right) informed Justice Zabidin Mohd Diah that the opposition leader was making a preliminary objection against Yusof from participating further in the revision application today and also the trial proper.

"I have just received instructions from Anwar to make this objection in light of Yusof's alleged involvement in representing the then attorney-general in the 'black eye' incident. Following this, Anwar wants Yusof to be disqualified from conducting the revision and trial proper."

"In all fairness to Yusof, we will file a proper application and submit the necessary affidavits. I think we need a period of two weeks to do this and get a reply," he said. Sulaiman said Anwar indicated his intention to be present in the proceedings to hear the objection but he (Anwar) could not be present today as he has to attend to some urgent matters. Anwar left Kuala Lumpur for Ipoh this morning following the recent political turmoil in Perak.

Objection to be heard first
Sulaiman said following this, the preliminary objection application should be heard first before listening to the merits of the revision application. The prosecution has sought the revision after Sessions judge SM Komathy Suppiah ruled to hear Anwar's sodomy case, and not allow the prosecution's application for the matter to be heard at the High Court,

Yusof (left) told the court the prosecution was prepared to deal with the revision but accede the preliminary objection would have to be heard first. Besides Sulaiman, the other lawyers representing Anwar were Sivarasa Rasiah, Sankara Nair, Amer Hamzah Arshad, Edmund Bon and Latheefa Koya.

Yusof is leading a team of DPPs that included Nordin Hassan, Hanafiah Zakaria and Farhan Read. Zabidin agreed with Sulaiman and Yusof that Anwar's application should be heard first before deciding on the revision application. "Following this, the court fixed three days beginning Feb 25 to hear the application and also the revision," the judge said.

Prior to today's proceedings, Sulaiman and Yusof met Zabidin in his chambers for about 30 minutes. Yusof represented AG in black-eye inquiry Outside the court, Sulaiman indicated Yusof was one of the officers representing the then attorney-general, the late Mohtar Abdullah, in the 'black eye' case"Anwar got to know that there were some evidence which had been suppressed by the chambers when it went up during the royal inquiry.

"Due to Yusof's involvement, Anwar felt he should not be allowed to conduct the revision and the trial proper," he said.When met, Yusof denied any involvement in the 'black eye' case.A

nwar, who is also Permatang Pauh MP, was charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 23 at the Desa Damansara condominium sometime on June 26, 2008.If convicted, he could face up to 20 years in jail. He is currently out on a RM20,000 personal bond.

Komathy in her ruling to allow the case to remain at the Sessions Court explained there was an understanding that Attorney General Abdul Gani Patail will not be involved in the case. Abdul Gani is still under investigation from the Anti-Corruption Agency following a police report lodged by Anwar about alleged tampering of evidence pertaining to the 'black eye' incident in 1998. "The case raises a unique situation where it is evident that any involvement by the AG in this case would seriously undermine public confidence in the administration of criminal justice," Justice Komathy had said in her ruling on Nov 7.