Opposition Leader Anwar Ibrahim will know on Dec 1 if his bid to quash the sodomy charge at the high court's criminal court is successful.

anwar sodomy 2 duta court hearing pkr leaders 080709 12 This is his second attempt to cancel the charge, after failing to do so at the high court's appellate and special powers division.

His lawyer R Sivarasa told the court that the sodomy charge was malicious and cannot be accepted because there is no medical finding as to whether there was penetration.

He argued that for any sodomy charge under Section 377b, it is necessary to prove this element as it is a core ingredient.

"The medical report from Pusrawi (hospital), which first examined (complainant) Mohd Saiful Bukhari Azlan, revealed no bleeding to his anus, no injury and that it seemed clean, dry and normal.

"Furthermore, this is supported by the Kuala Lumpur hospital medical report that there was no penetration," he said.

Following this, Sivarasa submitted before Justice Mohd Zabidin Mohd Diah that the court could quash Anwar's sodomy charge based on this proposition, as it was clear no offence had been committed

He also told the court that Anwar's sodomy charge was not based on evidence but was “biassed, unlawful, malicious and politically motivated.”

The opposition leader had claimed trial to sodomising Mohd Saiful, 24, at a condominium in Bukit Damansara, here on June 26, last year.

Yusof: Two male specimens obtained

Solicitor-general II Mohd Yusof Zainal Abiden, who is leading the prosecution, said the DNA report showed there was a mixture of two male specimens at the scene.

Yusof said while the court had the inherent jurisdiction to quash or give a stay to the charge in order to prevent a miscarriage of justice, it should not be the case here.

"This action is simply directed to stop the proceedings or injunct (prevent) the court from hearing it," he said.

"This is not a proper case for the court to use its inherent power to quash or stay the charge, as the prosecution does not know how it will prejudice Anwar," he added.