Bid to get documents rejected

2009/11/07

PUTRAJAYA: Datuk Seri Anwar Ibrahim is not entitled to key documents before the start of his sodomy trial, the Court of Appeal ruled yesterday.

Judge Datuk Hasan Lah, in allowing the public prosecutor's appeal, said the High Court erred in law when it held that Anwar could have access to documents to prepare his case.

Hasan, who sat with Datuk Abu Samah Nordin and Datuk Sulaiman Daud, also unanimously dismissed Anwar's cross-appeal to obtain DNA samples which were already analysed and sealed in an envelope.

He said the High Court judge had made a mistake in interpreting the law.

"The law (Section 51 of the Criminal Procedure Code) does not allow for a fishing expedition," he said.

The grounds of judgment will be provided later.

Deputy public prosecutor Datuk Mohd Yusof Zainal Abiden told reporters that documents Anwar was entitled to had already been given to his lawyers.

Anwar's legal team is of the view that Section 51 of the CPC which was passed by Parliament in March 2006, entitles their client to have access to more documents before trial.

Among the documents sought are the chemist's notes on DNA samples taken from Anwar and his accuser; the Pusrawi Hospital medical report where Anwar's alleged victim had first visited after being allegedly sodomised; and certain closed-circuit television (CCTV) footages from the condominium in Damansara Heights where the act was alleged to have taken place.

Karpal Singh, who is leading the defence team, said the Court of Appeal ruling had stunted the criminal procedure and trials in the country.

"The ruling will set a precedent and will affect other criminal cases."

He said the defence would appeal to the Federal Court as it appeared that accused persons were being denied a fair trial.

Sivarasa Rasiah, a counsel in the defence team, said an amendment to the CPC was made to prevent trial by ambush and to avert unnecessary delay when trial began.

"This decision has gone against the reason why the CPC was amended," he said.

Anwar pleaded not guilty after he was charged with committing carnal intercourse against the order of the nature on Mohd Saiful Bukhari Azlan at an apartment in Bukit Damansara in Kuala Lumpur in June 26 last year

The High Court will hear Anwar's bid to strike out the sodomy charge against him on Nov 23.

From NST Online