A three-member Federal Court panel today dismissed Opposition Leader Anwar Ibrahim’s appeal to strike out his second sodomy charge in 10 years.

The bench comprising Chief Judge Malaya Justice Arifin Zakaria, Justice James Foong and Court of Appeal judge Suriyadi Halim Omar ruled the matter should go for a full trial despite objections from the defence that medical reports show no sign of penetration.

In announcing the unanimous decision, Arifin said the medical report should be read in its entirety.

"It does not support the appellant's claim for the charge to be struck out," he said.

With today’s decision, the on-going sodomy trial will continue next Monday with the cross-examination of the complainant, Mohd Saiful Bukhari Azlan.

Anwar has earlier failed twice to get the lower courts to throw out the charge.

The Kuala Lumpur High Court had on Dec 1 last year, rejected Anwar’s application to strike out the charge.

the charge against anwar ibrahim sodomy allegation trial 070808 Trial judge Justice Mohamad Zabidin Md Diah ruled that the matter had to go through a full trial to determine whether actual penetration took place.

Similarly, the Court of Appeal had on Feb 17, unanimously dismissed Anwar's appeal to quash the charge.

It ruled the trial should proceed despite documentary evidence from three doctors there was no sign of penetration into Saiful's rectum.

The joint clinical reports 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 of any defensive wounds on Saiful's body.

Anwar was represented by senior lawyer Karpal Singh, while solicitor-general II Mohd Yusof Zainal Abiden led the prosecution team.

Defence to grill Saiful next week

In an immediate reaction, Anwar’s wife and PKR president Dr Wan Azizah Wan Ismail expressed disappointment over the verdict.

She said the judges merely issued two sentences in their decision, but added that this was to be expected.

"We will have to wait for the matter to go to full trial then.”

NONE Anwar was not present in court, as he is abroad.

Karpal ( right ) also lamented that the court’s brief judgment did not provide a satisfactory explanation on its decision.

"At least if they gave a decent explanation, we would be able to consider," he said.

"This is the final stage and there will not be any other outstanding applications. We will proceed with the cross-examination of Saiful next week."

Another Anwar's lawyer, Sankara Nair, said that he too was "utterly disappointed" with the court decision.

Sankara insisted that medical reports on his accuser, 24-year-old Saiful, showed no sodomy had taken place.

"The judges, however, said a certain element of the medical report is best heard at a full trial," he told AFP .

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