Although Anwar Ibrahim's sodomy trial entered its second day today, the defence team has yet to obtain the witness list from the prosecution.

Normally, in a criminal trial the witness list is given latest by the first day of the trial. Even in civil cases, the witness list is normally prepared or agreed before the matter goes to trial.

sankara nair bukit aman teresea kok isa arrest pc 170908 01 One of Anwar's lawyers, Sankara Nair said they will file an application on Monday at the High Court, should they fail to get the witness list tomorrow.

"The prosecution is not playing the trial on a level field as they are not even supplying the witness list to us. The Federal Court in rejecting our appeal, has said the witness list can be given upon the commencement of the trial.

"Now the trial has commenced for two days, and we have yet to receive the witness list. We need the list to prepare our case," he said.

"With the list being held by the prosecution, it will be like a trial or prosecution by ambush," he told reporters outside the Jalan Duta court complex.

                

On July 16, trial judge Justice Mohamad Zabidin Mohd Diah had ruled and instructed the prosecution to hand over documents and evidence including the witness list to the prosecution, in line with provisions under section 51 and section 51A of the Criminal Procedure Code.

However, the decision was quashed by the appellate court and the Federal Court on Jan 29 dismissed Anwar's appeal last week when it ruled there will be no extra evidence to be given to the defence before the trial including the witness list.

Complaint against Utusan

When the trial resumed at 3pm after a two-hour break, which included a visit to the alleged crime scene, lead counsel Karpal Singh urged the judge to cite Utusan Malaysia for contempt over its front-page report titled ' Tak rela diliwat lagi '. (Not willing to be sodomised again)

NONE Karpal said the word " lagi " (again) was not said by the witness and complainant Mohd Saiful Bukhari Azlan and this was also expunged from the police report previously.

In view of this, he accused the Umno-owned daily of being "mischievous and malicious."

"It showed the malicious intent of Umno and the prime minister to degrade my client," he said, adding that he wanted to see the notes of the proceedings.

Responding to this, Solicitor-General II Mohd Yusof Zainal Abiden said Karpal’s assertion that Utusan is owned by Umno was uncalled for.

Justice Mohd Zabidin later ruled that there was no contempt of court, as contempt must be proven through in depth investigations.

He said the defence can therefore file a police report against the daily in order to initiate investigations if they feel there is an element of contempt.

PKR communication chief Johnson Chong subsequently filed a police report.

Met later, Anwar said: "This is the same game played in 1998 (by Umno and Utusan during his first case)."

"We can check the court records, and our records. Utusan lied intentionally under the instruction of Umno and the prime minister.

"I have the right to a fair trial and not this unnecessary trial by media," he added.