Anwar fails to recuse 'biased' judge from sodomy trial

The Anwar Ibrahim sodomy trial resumes today with High Court judge Mohamad Zabidin Mohd Diah throwing out the defence's application to disqualify him from hearing the case.

Zabidin said that based on the court transcript which he had read, there was no bias on his part.

"I think a reasonable man who has read these words in its proper context would not have the impression that there was a real danger of bias. Hence, the application is dismissed."

The application was made following allegations that Zabidin had threatened lead counsel Karpal Singh with contempt after the defence lawyer informed the court he wanted to recuse the judge for not abiding with a Supreme Court decision involving the defence's bid to obtain the pro forma form referred to by witness Dr Siew Sheue Feng.

azlanAlthough Zabidin withdrew the remark and later ordered Hospital Kuala Lumpur's Siew to hand over the pro forma form used during the medical examination of complainant Mohd Saiful Bukhari Azlan, Karpal had pressed on with the recusal bid, arguing that there was a real danger of bias being committed by the judge.

This was the second attempt by the defence to disqualify the judge - the first was after the judge failed to issue a warning to Umno-owned Utusan Malaysia's for its allegedly inaccurate coverage of the trial earlier this year.

Lead prosecutor solicitor-general II Mohd Yusof Zainal Abiden was not in court today after his mishap of fracturing a leg after reportedly trying to save his cat from falling into a drain.

Anwar, 63, is charged with sodomising Saiful, 24, at the Desa Damansara condominium in Bukit Damansara between 3pm to 4pm on June 26, 2008.



LIVE REPORTS

8.32am: Opposition Leader Anwar Ibrahim arrives in court with PKR president and wife, Dr Wan Azizah Wan Ismail.

Their son, Mohd Ehsan, 25, is present for the first time in court. A Lim Kok Wing University graduate, he has just returned from New York and is seen with his wife. Apparently he is back home to attend the wedding of his sister, Nurul Nuha.

Also in court are representatives from the Australian High Commission, Canadian High Commission and an overseas observer from the International Parliamentary Union.

Sankara Nair and Param Cumaraswamy are among the defence lawyers already in the courtroom.

The prosecution is led by DPP Nordin Hassan, who has just returned from the haj, along with DPP Mohd Hanafiah Zakaria, CK Wong and Noorin Badaruddin.

8.43pm: The courtroom is still half empty. More people are expected to fill the public gallery soon.

8.50am: Lead defence lawyer Karpal Singh arrives and is wheeled into the courtroom by his assistant.

8.54am: High Court judge Mohamad Zabidin Mohd Diah enters. Court called into session.

9.01am: Zabidin says based on the court transcript which he had read, there is no bias on his part.

"I think a reasonable man who has read these words in its proper context would not have the impression that there was a real danger of bias. Hence, the application is dismissed," he says.

On hearing this, Karpal applies for a stay of proceeding pending appeal.

9.04am: Court fixes Jan 21 for mention.

- Malaysiakini