Anwar's sodomy trial faces further delay - Malaysiakini

Malaysiakini reports:

Court hearing for Anwar Ibrahim's sodomy trial has been put off after the prosecution applied for a stay of proceeding pending an appeal for the case to be transferred to High Court.

The Sessions Court this morning was to have fixed a date for the trial to be heard before Sessions judge SM Komathy Suppiah.

Last Friday, Komathy had dismissed an application by the prosecution to have the case transferred to the High Court.Her ruling was based on her finding that the
transfer order signed by Attorney-General Abdul Gani Patail was invalid.

"This 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," she had said.

However, the prosecution had filed an appeal against the decision on Nov 11.

The appeal will be heard at the High Court on Nov 20 and 21.

Anwar was charged three months ago with sodomising his former aide, Mohd Saiful Bukhari Azlan, 23.

If convicted, he could face up to 20 years in jail. He is currently out on a RM20,000 personal bond.

Anwar objects stay application

This morning the prosecution applied to Komathy not to fix a date pending their appeal against her decision.

"Under Section 35 (2) of the Courts of Judicature Act, allows for a stay of proceedings at the lower court if a revision is filed in the upper courts.

The stay would allow for the notes of proceedings to be handed to the upper courts.

"Hence, it would not be proper to set a hearing date at this juncture as the matter would be heard at the High Court for revision on Nov 20," lead prosecutor Mohd Yusof Zainal Abiden said. To continue read here .