| Court Rejects Anwar's Application For Key Documents, DNA Samples |
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KUALA LUMPUR, Nov 6 (Bernama) -- The Court of Appeal today rejected oppposition leader Datuk Seri Anwar Ibrahim's application to obtain key documents and DNA samples which he claimed were crucial for his defence in a sodomy trial.
It dismissed his cross-appeal against the High Court order which rejected his application to get a specimen sample from the complainant, Mohd Saiful Bukhari Azlan.
However, Justice Datuk Hasan Lah, who led the panel comprising justices Datuk Wira Abu Samah Nordin and Datuk Sulaiman Daud, in an unanimous decision allowed the prosecution's appeal against the same High Court order for it (prosecution) to supply key documents to Anwar.
Among the key documents were the recorded witness statements of Mohd Saiful, Dr Osman Abdul Hamid from Pusrawi Hospital, condominium owner Hassanuddin Abdul Hamid, statements of three doctors from Kuala Lumpur Hospital, a chemist's notes and medical reports.
In his decision, Hasan said the key documents sought by Anwar did not fall under Section 51A of the Criminal Procedure Code as there was limitation for the prosecution to supply certain documents to the accused.
Hasan said the court disagreed with the High Court judge in interpreting Section 51 of the code. Section 51 means that the prosecution needs to consider a summons to produce documents or other things, as required by the accused.
"In a criminal proceeding, the court does not allow any fishing for an inquiry," he said in his oral decision, adding that a full of written judgment would be given in due course.
Section 51A pertains to the delivery of certain documents by the prosecution to the accused before the commencement of the trial to enable the accused to prepare the defence.
On July 16, High Court judge Datuk Mohamad Zabidin Mohd Diah granted the opposition leader's application to compel the prosecution to supply him with the documents to enable him to prepare his defence, under Section 51A so that the prosecution process would be more open and fair.
However, Anwar failed to get Mohd Saiful's specimen sample after the High Court rejected his application. The court, on July 24, granted the prosecution's stay of execution of the order, pending the disposal of its appeal to the Court of Appeal.
Anwar, 62, is charged with sodomising Mohd Saiful, 24, his former aide, at a condominium in Bukit Damansara, Kuala Lumpur on June 26, last year.
Later, Anwar's lead counsel, Karpal Singh, informed the media that he would file an appeal to the Federal Court on Monday, as today's decision would become a precedent in criminal cases under Section 51A for the accused to have a fair trial.
Karpal said the intention of Parliament in amending Section 51A in 2006 was to prevent trial by ambush and unnecessary delays after the accused was supplied with the documents for the defence.
Anwar, who was not present, was also represented by counsel R. Sivarasa and S. N. Nair, while Solicitor-General II Datuk Mohamed Yusof Zainal Abiden led the prosecution comprising Noorin Badarudin, C. K. Wong and Shamsul Sulaiman.
The sodomy case was set for Nov 23 for re-mention at the High Court.
-- BERNAMA
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