Former United Nations special rapporteur, Param Cumaraswam, said by international standards Anwar Ibrahim's sodomy trial has been most unfair.

Param, who is also one of Anwar's lawyers, said the manner in which the prosecution had been withholding the witness list and evidence from them is truly regrettable.

"It is against the agreed principles of universal justice," he added.

param cumaraswamy interview judiciary crisis 060808 05 Param ( right ), who has been a strong advocate for Malaysia to be a signatory of the Bangalore Principles of Judicial Conduct, said such strong-arm tactics by the prosecution and the judiciary in the conduct of this trial should stop.

Karpal Singh who is also in Anwar's defence team, agreed that the conduct of Anwar's sodomy trial was not fair as despite the trial being about a week old, the defence team has yet to obtain the witness list.

"Why is there secrecy for the prosecution to hold on to the witness list? Why is it being withheld? The defence should know who the witnesses are.

"In my 40 years' of practice, this is the first time where the list is not provided for by the prosecution," he said.

Another lawyer Sankara Nair remarked the documentation should have been provided earlier to prevent a postponement for the defence to consult its experts.

"Till today, we have been prevented from gaining more evidence despite the trial judge (Mohamad Zabidin Mohd Diah), having ordered the prosecution to do so," he said.

Mohamad Zabidin had on July 16 ordered the prosecution to compel them to provide the witness list of documents, evidence, CCTV recordings, and medical reports to the case.

However on the prosecution's appeal the decision was overturned. Subsequently the Federal Court dismissed Anwar's appeal .

Unfair coverage

Lawyers representing the Opposition Leader had since last week complained over the unfair coverage by the local media.

They had also sought the judge's recusal over an alleged bias in dismissing Anwar's application to cite or caution Utusan Malaysia over its unfair coverage.

Meanwhile, the appellate court today has fixed Feb 17, to deliver its decision on Anwar appeal, against the High Court decision to strike out his sodomy charge.

The appellate court panel headed by justice Abu Samah Nordin set the date after hearing submissions from Karpal Singh and solicitor-general (II) Mohd Yusof Zainal Abiden.

The other judges are justices Sulaiman Daud and Azhar Ma'ah.

K NONE arpal ( left ) submitted that three doctors had made conclusive clinical findings on the alleged victim, Mohd Saiful Bukhari Azlan that there was no penetration.

"If there was no penetration, then how can there be a sodomy charge against Anwar?

"The conclusive report by law standards would mean (Anwar's innocence) is beyond reasonable doubt. But, how can the prosecution and the court allow the case to go on?"

The senior lawyer said the prosecution could call one million witnesses, but it would not shake the foundation to the documentary evidence that there was no penetration.

He likened the prosecution's action as "mere persecution rather than prosecution," and that Anwar and his family had faced enough.

"Is there a black hand behind Anwar's prosecution, where we see the trial is being done in a such a hurry?

"This court is empowered to correct this injustice. It can overturn and strike out the charge and we pray accordingly," said Karpal.

Yusof: Medical report not conclusive

Yusof, in applying for the appellate court to dismiss the application said the medical report was only half the evidence and hence, should not be treated as conclusive.

"We will adduce more evidence from the chemist, forensic and others to corroborate the incident did in fact take place."

"Samples obtain from the victim's rectum shows there was semen," he said.

He also told the court that by granting a strikeout of the charge, it would in fact result in a stay over the prosecution's attempt to bring justice.

"This would hamper the administration of justice and never can be allowed. Let the trial go on where evidence would be adduced," he said.

On Dec 1, Justice Mohamad Zabidin dismissed Anwar's application to quash the charge.

"While the medical reports may 'state no conclusive clinical findings to suggest penetration of the anus/rectum', this court however cannot cancel the charge," said Mohamad Zabidin.

"Witnesses have to be called in to testify to attest to the matter. The matter has to go through full trial to also consider the forensic evidence to determine the case," he added.