Sodomy II: Anwar fails in bid to get charge dropped

PUTRAJAYA: Opposition leader Datuk Seri Anwar Ibrahim failed in his bid to get the Court of Appeal to strike out his sodomy charge.

In dismissing his appeal on Wednesday, Court of Appeal judge Justice Abu Samah Nordin, who led a three-man panel, said it was a unanimous decision.

Upon hearing the ruling, Anwar’s lead counsel Karpal Singh immediately asked for a stay of proceedings pending an appeal to the Federal Court. The court then stood down to discuss Karpal's application.

Anwar had last Dec 1 failed in his bid to strike out the sodomy charge against him, based on the ground that a medical report suggested there was no penetration.

High Court judge Justice Mohamad Zabidin Mohd Diah had then ruled that the findings of a medical report could not be the basis for the court to quash the charge, saying the court should hear testimonies of the prosecution witnesses.

The sodomy trial has been adjourned pending the outcome of an application by Anwar to recuse the trial judge.

The trial judge is scheduled to deliver his decision on the disqualification application on Feb 18.

Anwar, 63, has claimed trial to sodomising his former personal aide Mohd Saiful Bukhari Azlan, 25, in Bukit Damansara on June 26, 2008.