Anwar Ibrahim's application for a review of the Federal Court's decision dismissing his appeal to obtain documents and evidence in his sodomy trial has been fixed for Feb 25 at 9.30am.

Anwar's lawyer Sankara Nair ( below, right ) confirmed that he has received a fax from the Federal Court at 2.30pm today over the matter.

anwar ibrahim sodomy allegation saiful bukhari azlan first day in court 070808 sankara nair “It is most regrettable that such a late date is given for such a crucial decision. By then Anwar's High Court criminal trial would have adjourned.”

Anwar's sodomy trial had today been adjourned to next Thursday for a decision over lawyer Karpal Singh's application to disqualify trial judge, Justice Mohamad Zabidin Mohd Diah.

The trial was which began last week, has been fixed until Feb 25.

 

On July 16 last year, Mohamad Zabidin allowed Anwar to have complainant Mohd Saiful Bukhari Azlan's medical report along with CCTV recordings and pictures and witness statements.

Prosecution appealed

However, the prosecution appealed and on Jan 29, the Federal Court dismissed Anwar's appeal to get the evidence ahead of his sodomy trial.

In his written judgment, Federal Court judge Abdull Hamid Embong ruled that the High Court judge had erred when he adopted a liberal meaning of section 51 and section 51A of the Criminal Procedure Code.

In explaining that section 51 does not grant wide-ranging applications to get documents and evidence, he said:

"It's scope is restricted in law. In our view, the High Court judge went overboard in deciding to expand section 51 and had effectively changed the law by ordering the prosecution to provide the documents".