Lead defence counsel Karpal Singh said the application would be made when Justice Mohamad Zabidin Mohd Diah hears Anwar's application tostrike out the charge.
This follows the affidavit-in-reply by the prosecution which did not address the assertion by Anwar that there was an affair between the duo.
On Monday, Karpal hadchallenged both Saiful and Farah to file an affidavit to respond to the allegations of the alleged affair and since there was none, what had been asserted by Anwar is thus the truth.
"I am surprised there is no affidavit by both of them...In fact, the Attorney-General should have instructed Farah and Saiful to submit their respective affidavit,” said Karpal.
The affair would have serious bearing on the court case, because there would have been a possible breach of the Official Secrets Act 1972, because if Saiful had a relationship with Farah, he could have access to confidential prosecution documents.
This is now subject to a police investigation after a report lodged by Anwar.
On Wednesday, the prosecution filed two affidavits-in-reply - by DPP Mohd Hanafiah Zakaria and investigating office Judge Blacious Pereira - which denied that Farah and Saiful had access to crucial case documents such as witness statements and reports.
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