The hearing of Opposition Leader Anwar Ibrahim’s application to have a paragraph removed from the Sodomy I judgment that highlights the court’s belief that the politician’s homosexual activity did occur was adjourned to Dec 2 because of an “unsuitable” panel.

Anwar’s lawyer Sulaiman Abdullah and senior federal counsel Manoj Kurup approached the deputy registrar Khainur Aleeza Ismail before the proceedings began.

It is learnt Sulaiman told Khainur Aleeza that the panel was not suitable.

When Anwar’s case was about to be called by Chief Judge of Malaya Zulkefli Ahmad Makinuddin, who was leading the five-member bench, the judge decided to vacate the hearing today to Dec 2.

The other judges on the bench were Federal Court judges Zaleha Zahari, Zainun Ali, Md Apandi Ali and Ramly Ali.

Manoj informed reporters outside court that Anwar had problem with Md Apandi being on the bench.

“If the thing had gone on today, I would have objected to their application for Md Apandi to be recused,” he said.

However, Sulaiman wanted to keep mum on the issue as it is considered a chambers matter.

He said the court had decided to vacate the hearing of the application to the next date.

Apandi was formerly Kelantan Umno treasurer

Besides Sulaiman, the other lawyers who are acting for Anwar are Leela Jegathesan and Mohd Radzlan Jalaluddin.

Anwar told several reporters after the proceedings that he did not want Justice Md Apandi to be on the bench hearing the case as he was allegedly associated with the Kota Baru Umno division.

Justice Md Apandi was formerly a Kelantan Umno treasurer and had contested in a general election.

While Anwar was acquitted of the Sodomy I charge in 2004, one paragraph of the written judgment by then-Federal Court judge Abdul Hamid Mohamad in the majority judgment has been causing trouble to the politician. Abdul Hamid later rose to become the Chief Justice.

That particular paragraph had been cited and cited again by BN politicians, including former pime minister Dr Mahathir Mohamad, to cite that his former deputy had engaged in homosexual activities, and which has led to various suits filed by Anwar against several BN politicians.

Abdul Hamid in his majority judgment said “the court found evidence to confirm that the appellants (Anwar and his adopted brother Sukma Darmawan) were involved in homosexual activities and we are more inclined to believe that the incident at Tivoli Villa did happen sometime...”

Anwar was at that time charged with sodomising former driver Azizan Abu Bakar. He was acquitted by the Federal Court in a 2-1 majority judgment for Sodomy I, but his conviction on a charge of abuse of power was upheld.