Anwar Ibrahim's appeal to compel the prosecution to hand over evidence crucial for his defence in the sodomy trial has been postponed, to allow for his lawyers to file a petition of appeal.

teoh family sue macc officer intimidate prontip 050110 karpal Lawyer Karpal Singh told the Federal Court today that the defence was served notification to file the petition appeal on Dec 29, with a notice to file it urgently.

However,  the records containing the proceedings of the previous appeal were only served on Dec 30. Hence, the defence did not have time to effect the required measures, as a public holiday was around the corner.

Karpal argued that Anwar has 10 days from Dec 30 to file the petition of appeal and should be given at least a month to prepare for the matter.

Chief Judge of Malaya Arifin Zakaria, Justice Md Raus Sharif and Justice Abdul Hamid Embong presided over the matter at the Palace of Justice in Putrajaya.

Karpal said it is necessary to follow procedures, as this case will have far-ranging implications for future criminal cases.

"I think it is being rushed because of  the (sodomy) trial which has been fixed on Jan 25, but this should not be considered at all as Section 51(a) of Criminal Procedure Code entitles the appellant to documents for his defence," said Karpal.

"Even if it goes beyond Jan 25, it should not matter as the date of the trial could be vacated to accommodate us."

Solicitor-general II Mohd Yusof Zainal Abiden, who is leading the prosecution, said he too was "puzzled" as to why the hearing was fixed for today, and did not object to an adjournment.

Arifin then adjourned the matter, with the hearing date to be decided by the chief justice.

Last chance for Anwar

Anwar, 62, has claimed trial on March 10 to sodomising his former personal aide Mohd Saiful, 24, at a condominium in Bukit Damansara, in 2008.

This appeal is Anwar's final chance to attain and secure documents as well as other corresponding evidence which he claims are of importance to his defence against the sodomy charge.

azlan The Kuala Lumpur High Court has scheduled the trial to run from Jan 25 to Feb 25.

On July 16, the court ordered the prosecution to hand over certain documents, including copies of witness statements, CCTV recordings and medical reports to Anwar's defence team.

However, the Court of Appeal overturned the High Court's decision on Nov 6, allowing the prosecution's appeal and dismissing Anwar's cross appeal.

The appellate court said a person facing a criminal charge is not permitted to "fish" for information that belongs to the prosecution, before the trial commences.

Karpal Singh is leading Anwar's defence team, assisted by R Sivarasa, SN Sankara Nair and Leela Jesunathan.