The High Court's Appellate and Special Powers division has fixed Sept 15 for decision on opposition leader Anwar Ibrahim's leave (permission to proceed) application to bar seven prosecutors from conducting his sodomy trial.

Justice Alizatul Khair Osman Kamaruddin fixed the date after hearing submissions on the application by lawyer Sivarasa Rasiah and senior federal counsel See Mee Chun on the matter.

NONE Anwar and his wife, who is also PKR president Dr Wan Azizah Wan Ismail, were also present.

Sivarasa, who is also Subang MP submitted that the court could grant leave based on prima facie evidence provided.

Basically, Sivarasa said there is a real danger of bias should the court allow the seven prosecutors to proceed in conducting the sodomy trial on Anwar.

He said Anwar has evidence that Attorney General Abdul Gani Patail, had fabricated evidence in Anwar's black eye incident in 1998 and that the team of prosecutors in this sodomy trial were aware of the matter and had not done anything, including lodging police report over the matter.

Using a 30-page letter by the black-eye incident investigating officer Mat Zain Ibrahim as a basis, it showed Abdul Gani's role in trying to hide the fact.

"Abdul Gani had then handed to Mat Zain a report by one Dr Abdul Rahman Yusof to create a false impression that the doctor had examined Anwar."

"The report by the doctor came to the conclusion that the injury was self-inflicted, which was later found not to be true, as the Royal Commission had proven that former Inspector General Abdul Rahim Nor was found to be responsible," he said.

Sivarasa said the seven prosecutors had access to Mat Zain's investigative papers and at all material times knew of Abdul Gani's criminal wrong doing.

"In fact, solicitor-general Idrus Harun had known the fact and had asked Abdul Gani to sign the certificate to transfer Anwar's case to the High Court," he said.

Sivarasa said Mat Zain had sent the letter to MACC advisory board chairman Abdul Hamid Mohamad and following that a panel of three former judges heard and investigated the matter for two months.

"Although the panel cleared Abdul Gani with a majority of 2 to 1, the fact remains remains there is this clear allegation of this fabrication which has so far not been rebutted."

No report over this fact

Sivarasa also contended that none of the seven officers at the AG's Chambers had lodged a police report in respect of the criminal act and no one had directed any action against Mat Zain should he be found to be making false statement.

NONE He said the behaviour of the seven prosecutors in aiding and abetting the covering-up of fabrication of evidence by Attorney General proves that Abdul Gani committed mala fide (bad intention) on Anwar.

Furthermore, Sivarasa submitted the prosecution team had suppressed evidence to the present sodomy trial that included the medical report.

Sivarasa also pointed other instances of Abdul Gani's fabrication of evidence in Anwar's sodomy case against Sukma Darmawan Saasmitadja and speech writer Dr Munawar Aness, as other instances of the Attorney General's involvement.

"We are not barring all prosecutors from prosecuting Anwar in this trial but we are merely interested in not having this seven from conducting the trial. If there are no other prosecutors, they could appoint special prosecutors (lawyers) to handle the trial," he said.

Anwar had on Aug 11, filed an application to disqualify all seven prosecutors in his on going sodomy trial.

The application was based on Anwar's contention that Attorney-General Abdul Gani Patail was "biased and/or prejudiced in the prosecution of our client".

Anwar, who is the member of parliament for Permatang Pauh and PKR's de facto leader, named the seven prosecutors he wanted to be disqualified.

They are Solicitor-General 1 Idrus who is leading the prosecution team on behalf of the AG, Solicitor-Ggeneral II Mohd Yusof Zainal Abiden, prosecution officers Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat, Shamsul Sulaiman and Noorin Badaruddin.

Application was frivolous

See in her submission on behalf of the prosecutors said the Attorney-General's actions was non-justiciable and hence cannot be challenged.

Furthermore, See submitted that Anwar had also not followed the rules of the High Court in filing this application as no decision had been made on the opposition leader's criminal trial.

"Furthermore, why did Anwar file the application last month when he already knew the team of prosecutors in his sodomy trial when he was charged in August last year and when the case was mentioned for the second time in September," she asked.

She also claimed that Anwar's application is an abuse of the court process and is directed to undermine the criminal trial and that the application was baseless.