Opposition Leader Anwar Ibrahim today failed in his bid to bar seven prosecutors from his sodomy trial.

The Kuala Lumpur High Court's Appellate and Special Powers division dismissed his leave (permission) application where Justice Alizatul Khair Osman Kamaruddin said there was no basis for the court to hear it.

NONE Following today's decision, Justice Alizatul Khair Osman would not hear the merits to the case.

She said Order 53 of the Rules of the High Court allowed anyone to apply for judicial review to challenge a decision, act or omission of a public authority where there is an instance of an unlawful exercise or abuse of power.

"In this case, Anwar is not challenging any particular wrongful act by the prosecutors where the court could apply its supervisory powers.

"To my mind this application is misconceived. It should have been made at the criminal court and not this court," she added.

In dismissing the matter, Justice Alizatul found the application to be an abuse of the court process and directed at undermining the criminal prosecution.

As prevalent in paragraph three of Anwar's application, the judge said, Anwar sought not only to bar the seven prosecutors but the whole prosecution team in the Attorney General's Chambers and the solicitor-general from conducting prosecution in his sodomy trial.

"This amounts to undermining and stopping the (criminal) proceedings although (Anwar's counsel R) Sivarasa said he did mean to stop the whole prosecution team, such application is deemed to stop them," she said.

On clarification by Sivarasa, Justice Alizatul suggested that his team of lawyers seek remedy at the criminal court and not her court to disqualify the prosecutors.

Anwar's application

Anwar, 62, who is also Permatang Pauh MP, had filed an application on Aug 11 to disqualify all seven prosecutors.

The application was based on the opposition leader’s contention that Attorney-General Abdul Gani Patail was "biased and/or prejudiced in its prosecution against him."

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

Anwar claimed that there was real conflict of interest in the AG's Chambers preferring the charge on him and also of prosecutorial misconduct following Anwar's black-eye incident in 1998.

He has claimed trial to the charge of sodomising former aide Mohd Saiful Bukhari Azlan, 24, at a condominium in Bukit Damansara on June 26, last year.

Outside the court, Sivarasa said he would take further instructions from Anwar on what to do next.

"The first option is to make a fresh application at the criminal court or to appeal this decision at the Court of Appeal," he said.

Sivarasa maintained that despite today's decision, the issue is still alive.

Anwar is also represented by Edmund Bon, Amer Hamzah Arshad, and Latheefa Koya.

Head of the civil division of the AG's chambers See Mee Chun, Azizah Nawawi, Shamsul Sulaiman appeared for the seven prosecutors.