The Federal Court will hear on Jan 20 Anwar Ibrahim's appeal to obtain documents which he claimed are crucial to the defence in his sodomy trial.

The appeal will be his final chance to secure the documents and other evidence.

teoh family sue macc officer intimidate prontip 050110 karpal Karpal said that the date was given by the court registry via fax to his firm, Karpal Singh & Co, today.

Originally, the hearing of the appeal was fixed for Jan 6, but was adjourned to give Anwar sufficient time to file the petition and prepare his case. Karpal Singh said the petition of appeal was filed yesterday.

Anwar is appealing against the Court of Appeal's dismissal of his cross-appeal against the High Court order which rejected his application for a specimen sample from the complainant, Mohd Saiful Bukhari Azlan.

He is also appealing against the Court of Appeal decision on Nov 6, 2009, in allowing the prosecution's appeal against the same High Court order to supply key documents to Anwar.

Among the key documents were the recorded witness statements of Mohd Saiful, Dr Osman Abdul Hamid from Pusrawi Hospital, condominium owner Hassanuddin Abdul Hamid, statements of three doctors from Kuala Lumpur Hospital, a chemist's notes and medical reports.

His sodomy trial is scheduled to start on Jan 25 at the Kuala Lumpur High Court.

This latest development from the Federal Court means Anwar's legal team will not be filing an application next week at the apex court to stay the sodomy trial.

Plans to file stay application scrapped

Earlier, Karpal had informed the media that the application has to be made as High Court judge Mohd Zabidin Mohd Diah has fixed the trial dates.

"Zabidin has said he will not entertain any postponement unless the Federal Court agrees to grant a stay of the proceedings. Hence, the need to file the application," said Karpal.

Zabidin had on Dec 1, ruled that Anwar's sodomy charge stands and the trial dates from Jan 25 to Feb 25, ignoring pleas from defence lawyers to fix a mention date instead.

The judge said the case has dragged on for more than a year without being heard.

Anwar, 62, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, at the Desa Damansara Condominium, in Jalan Setiakasih, Bukit Damansara on June 26, 2008.

His numerous applications have yet to be decided on appeal at the Federal Court or the Court of Appeal, including the Dec 1 decision, where he failed to strike out the sodomy charge.

An appellant is given two opportunities to appeal. If the case originates in the Sessions Court, the appeal will be heard in the High Court and the Court of Apeal.

If the case begins at the High Court, the appeal will be heard by the appellate court and the Federal Court.

Sankara Nair, one of Anwar's other lawyers, confirmed to Malaysiakini that the stay application will not be filed.

Anwar unhappy

Anwar had said on Dec 1 that he is disappointed with the way Zabidin had fixed the trial dates, without considering the fact that some of his applications are pending at the Federal Court.

NONE "The judge has decided to fix hearing dates in total disregard to our appeal on the matter. This is a first - ‘there is no need to wait for the Federal Court, let us proceed with the hearing'.

"Previously he had decided for us in gaining evidence from the prosecution and now he has decided against us by fixing the trial date.

"The very least he can do is to respect his own previous decision that allowed us access to the documents and give time for the Federal Court to hear and decide on the matter."

Anwar said he is worried by the fact that the Umno-led prosecution is withholding vital evidence directed to hurt his case.

"This is the first case in the history of modern times that you prefer a charge of sexual abuse ignoring medical evidence that conclusively states there was no tear or penetration.

"I think we are in for a tough battle. We will fight them because we have compelling evidence and facts to support us.

“But the manner the prosecutors and court want to proceed with the case is a bit worrying to me and my team of lawyers."

Stop the delaying tactics

Meanwhile, Anwar's former good friend KS Nallakarupan has urged him to stop delaying the sodomy trial.

"The court has given the date. He must go to court and face Saiful. If he is a decent man, why is he afraid?" Nallakaruppan was quoted as saying in the Star and Utusan Malaysia today.

Nallakarupan, the president of the Malaysian Indian United Party, also claimed that Anwar was trying to delay his sodomy trial by resorting to suing various individuals and by making various applications and appeals.

Nallakarupan had quit PKR in May 2007 after a rift with Anwar.