Anwar fails to recuse judge but wins stay of trial pending appeal

As expected, Opposition Leader Anwar Ibrahim failed to recuse the judge from what is widely perceived to be a grossly lopsided trial, although his lawyers managed to win a stay until July 13.

The deferment will enable the defense to appeal the decision by Justice Mohamad Zabidin Mohd Diah not to stand down. Anwar had accused the High Court Judge of bias and "prejudging the case".

Anwar's lead counsel Karpal Singh argued that the "beyond reasonable doubt test" was to be applied at the conclusion of the case, not at the point of deciding whether there was sufficient prima facie evidence to proceed further.

According to Karpal, this is what Judge Mohd Zabidin Mohd Diah had done when he called for Anwar's defense on May 16. Karpal said the judge had shut out their arguments by saying the complainant Saiful Bukhari Azlan was a witness of truth.

"This shows Yang Arif is biased and inclined, and this is obvious. Your lordship acted beyond what is required by law," Karpal told the court on Monday.

But to no avail. Judge Mohd Zabidin rejected the application on the basis it had no merit.

Third time

This is the third time Anwar has tried to recuse this judge. There were two previous serious instances of incompetence.

The first instance was when he allowed reporters and photographers into the closed-door proceedings at the bedroom of the condominium unit where the alleged sodomy took place. The next day a picture of Saiful pointing at the bed was splashed across the local dailies.

The second instance was when Saiful was accused of having a romantic liaison with a member of the prosecution team, prompting concern there was conflict of interest as the DPP could have coached Saiful in his answers in court.

But the judge again refused to strike out the case and when Anwar tried to recuse him, he also refused.

On Aug 7, 2008, Anwar pleaded not guilty to performing carnal intercourse against the order of nature on Saiful at a condominium in Bukit Damansara, Kuala Lumpur, between 3.01pm and 4.30pm on June 26, 2008.

He has accused Prime Minister Najib Razak and wife Rosmah Mansor of hatching the plot to derail his political carrer. He is trying to bring the pair to the stand but is being blocked by the police and the prosecutors.

Two days before lodging the police compliant that led to sodomy trial, Saiful had met Najib. The PM initially denied ever meeting Saiful but when photos started to appear showing Saiful with his personal aide, Najib U-turned and admitted the meeting took place in his residence in Putrajaya.

Anwar is charged under Section 377B of the Penal Code and faces up to 20 years in jail and whipping. - Malaysia Chronicle