In yet another blow to Anwar Ibrahim, the Court of Appeal today dismissed the opposition leader's appeal to quash his sodomy charge.

In a unanimous decision, the three-member panel led by Justice Abu Samah Nordin ruled that the trial should proceed despite documentary evidence from three doctors there was no sign of penetration of Mohd Saiful Bukhari Azlan's rectum.

The other judges were Justices Sulaiman Daud and Azhar @ Izhar Ma'ah.

the charge against anwar ibrahim sodomy allegation trial 070808 The joint clinical forensic report by doctors Khairul Nizam Hassan, Mohd Razali Ibrahim and Siew Sheue Seng - who examined Saiful on June 28, 2008, two days after the alleged sodomy - also said there were no signs any defensive wounds on Saiful's body.

With the decision, Anwar's sodomy trial which began two weeks ago will continue tomorrow.

Anwar's lawyer Karpal Singh immediately applied for a stay of hearing pending an appeal to the Federal Court, the country's highest court.

However, the court rejected this, after a short recess. Justice Abu Samah said the application was not supported by affidavit as it was made orally.

In dismissing Anwar's appeal, Abu Samah said there is no basis for the court to allow for the striking out of the sodomy charge mainly on the basis of the medical report.

“The medical report was only corroborative as the alleged sodomy act would have to be supported by oral testimony as well as forensic evidence which will be adduced during the course of the trial.”

Abu Samah said the court is of the view that Anwar had also failed to prove the charge was oppressive and an abuse of the court process, and that the Kuala Lumpur High Court was right in not using its inherent jurisdiction to quash the charge.

Hence, he said the trial should be allowed to go on.

NONE Anwar, 62 had sought to quash his sodomy charge on the grounds that the prosecution was mala fide (with bad intention), and that the charge was maliciously framed against him as the medical report states there was no penetration of Saiful's rectum.

On Dec 1 last year, High Court judge Mohamad Zabidin Mohd Diah had dismissed Anwar's striking-out application and ruled that the matter should proceed to a full trial.

The prosecution had argued that the medical report was only half the evidence and hence, should not be treated as conclusive. It said that samples obtain from the victim's rectum show there was semen.

Anwar is charged with sodomising his former aide, Mohd Saiful, Bukhari Azlan, at the Desa Damansara condominium on June 26, 2008.

'Decision expected'

In an immediate reaction, Anwar said the decision was expected but that “we will follow the due process of law and we will appeal this decision”.

"So what else is new," said Anwar after the latest in a series of court decisions against him, including on bids to obtain access to evidence such as closed-circuit television footage.

"The process is going to be difficult because when you have a case where the prime minister and his powerful wife... are involved it is very difficult to expect courageous judges to exercise their right according to the law."

"Notwithstanding we will soldier on," said Anwar, who has accused premier Najib Razak of conspiring against him to end his political career - allegations the prime minister denies.

NONE Anwar also described the protest by Umno and BN outside the Australian embassy today as “improper”.

"Now that I have support from the Americans, Qatar and Turkey, are they going to protest at the respective embassies too?" he asked.

John Kerry, chairman of the US Senate Foreign Relations Committee, had on Monday issued a statement questioning the sodomy charge.

"The current charges closely mirror the ones levied years ago, and have been brought soon after Mr Anwar's resumption of his role as elected member of parliament and leader of the parliamentary opposition."

Judge to decide whether to stand down

Meanwhile, Anwar denied a reporter's suggestion that speeches at his recent roadshow could be deemed to be in contempt of court.

“I just explained the law and the process. Utusan (Malaysia) had reported that it (the alleged sodomy) happened on the bed (but the complainant Mohd Saiful testified otherwise),” he said.

“What is reported in Utusan are lies, as there are no facts. That is why we raised (objections in court). That is why renowned Islamic scholar Yusuf Al-Qardawi gave a decree that such people are fasik (have violated Islamic laws),” he said.

Last week, Anwar's co-counsel and former United Nations Special Rapporteur Param Cumaraswamy, had complained that the trial has been conducted in an unfair manner because the prosecution has been with holding the witness list and evidence.

Karpal had since sought to recuse the judge Justice Mohamad Zabidin following allegations of bias over his inaction over the Utusan reports.

The judge will deliver his decision tomorrow on whether he should he stand down from the case for allowing alleged bias media coverage.

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