The world is watching the sodomy II, says Karpal

Khamis, 25 November 2010

Sodomy trial involving Datuk Seri Anwar Ibrahim held at the Kuala Lumpur High Court had adjourned when the prosecution more time to apply in respect of applications for the defense who want to judge Datuk Mohamad Zabidin Mohd Diah abstain from hearing the case.

How NONEPeguam Country II, who led the prosecution team, Datuk Mohd Yusof Zainal Abidin (left) is not present today because of fever and was replaced by deputy public prosecutor Mohd Hanafiah Zakaria.

Hanafiah said they needed time to answer the arguments presented by the defense this morning.

"Datuk Yusof is not healthy and we need time to make preparations," said Hanafiah.

Consequently, Mohamad Zabidin agree adjourn the trial until tomorrow morning.

This morning, courtrooms this morning hear the main advocates - Karpal Singh who submit arguments why a judge, Mohamad Zabidin need to go away because there is a significant danger of bias.

Karpal said the comments made by the Secretary of State, U.S. embassy officials and the presence of these countries are to follow the trial to prove the matter.

He said this was the first time an application is made to request the judge to resign for allegedly trying to intimidate a lawyer.

State of the hour

"Yang Arif, under close observation, and the country's legal system is also being discussed.

"Hilary Clinton calling for a fair trial run. The presence of a foreign embassy officials as observers to prove it," he said.

NONEKarpal (right) said that if there is fear or danger of unfair, then the judge should withdraw voluntarily.

He also refers to the Federal Court trial when the former president of the Court of Appeal, Tun Abdul Malek Ahmad, who criticized the judge at that time, Tan Sri Augustine Paul.

"In passing, Abdul Malek said that Paul was acting as if to defend the deputy public prosecutor," he said.

"I'm not trying to Pemerasan Yang Arif with proposed decision reversed the trial but it is a fact at trial by the judge," he said.

Karpal also said judges unfair and ignores the Supreme Court's decision to not allow the defense provided by clinical reports of the complainant Mohd Saiful Bukhari Azlan.

He said that in certain cases, the judge voluntarily withdrew after finding the conditions of bias and prejudice against the accused.

Code of Ethics for Judges

Karpal kemudiann give an example, when a former High Court judge, Datuk KC Vohrah who voluntarily withdrew when he realized not to provide justice.

While referring to the Code of Justice, Karpal said the judge should not be putting themselves in situations of bias or prejudice. But if they are geared towards it so the judge can be disciplined.

NONE "I give a warning if the judge still wants to continue the act of bias, getting ready to face the possibility," he said.

Karpal also reminded the court that according to Article 5 (1) of the Federal Constitution, all citizens of this country is entitled to trial in open court.

According to the veteran lawyer, Mohamad Zabidin (left) also need to contemplate the threat of contempt of court yesterday that they make on him (Karpal) which also affects his client (Anwar).

"Thus, it is necessary for the learned, pull away. There is a danger of unfair (the threat of contempt of court by a judge), "Karpal said when winding up his argument.

Karpal argued that Anwar will not be given a fair trial if the judge hearing the case remain.

This is the second time Anwar is seeking to withdraw the judge. The first application was rejected by Judge Mohamad Zabidin and the Court of Appeal and Federal Court.

Anwar, 63, was charged with sodomizing a former personal assistant Mohd Saiful Bukhari Azlan, 25, at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between the hours of 3:01 pm and 4:30 pm on June 26, 2008.

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