The Kuala Lumpur Sessions Court has lifted a gag order that prevented the media from publishing details of attorney-general Abdul Gani Patail's alleged involvement in tampering with evidence in Anwar Ibrahim's trials 10 years ago.

Sessions judge SM Komathy Suppiah ruled today that the details, which were read out in court yesterday, were admissible in the ongoing proceedings of Anwar's sodomy trial to hear the validity of a transfer order signed by Abdul Gani.

"The exhibits (containing the details) with the affidavit of Anwar are admissible. The gag order I made yesterday is therefore discharged," Komathy told the court following a two-hour argument between the prosecution and defence on the gag order this morning.

lingam tape panel meeting 031007 abdul gani patail Apart from the details of Abdul Gani's ( photo ) alleged involvement, the exhibits also included other documents such as newspaper reports which quoted Prime Minister Abdullah Ahmad Badawi and Home Minister Syed Hamid Albar as saying that the Abdul Gani would play no part in the sodomy trial.

Anwar had claimed trial on Aug 7 to a charge of sodomising his former personal aide Mohd Saiful Bukhari Azlan, 23.

The prosecution is attempting to move the case to the High Court, but the defence team is resisting this, allegedly due to fear of political interference.

Lawyer: Attempt to cover-up

During submissions yesterday, Anwar's lawyer Sulaiman Abdullah made startling revelations of Abdul Gani's alleged involvement based on a court document by police personnel Mat Zain Ibrahim, who was involved in the investigation of Anwar's ‘black eye' incident in 1998.

Mat Zain provided details of serious allegations of prosecutorial misconduct on the part of Abdul Gani in the case.

However, the details were disputed by lead prosecutor Mohd Yusof Zainal Abiden, who said these should not be reported by the press until the evidence was ruled admissible by the court, or it could tarnish the AG's name.

puravalen pc on missing pi balasubramaniam 180708 haji sulaiman Seeking a review of the court's gag order at the onset of the proceedings today, Sulaiman cited a few provisions to argue on questions of law why the gag order should be lifted.

Among others, the senior lawyer said the prosecution had failed to furnish any cogent reason to show why the details concerning the AG cannot be discussed in the media.

"This can be deemed as an effort to cover up matters of public importance," Sulaiman argued.

Citing a case involving Anwar's ex-ally KS Nallakaruppan in 1998, Sulaiman said the authorities had then objected to the court imposing a gag order on allegations against Anwar.

Nallakaruppan, who was then held under the Internal Security Act, had made an application to be transferred back to the Sungai Buloh prison and argued that he was not a threat to national security.

The police, in reply to the application, had made various allegations against Anwar in linking the duo to argue that Nallakaruppan was a security threat. Nallakaruppan's lawyer had asked for the claims to be gagged by court but the authorities had objected to it.

"When the allegation was against any one of them (the authorities), they want the press not to publish it. The AG's Chambers is blowing hot and cold," said Sulaiman, adding that the gag order will also deny the public their right to know what was going on in the proceedings.

Prosecutor: It's double hearsay

Arguing for the gag order ruling to stay, the lead prosecutor contended that he was not asking for a gag order per se but that the details not be published until it was ruled admissible by court.

Mohd Yusof described Mat Zain's allegations against Abdul Gani as "double hearsay".

"Until the court rules this is admissible and should be part of the evidence, then it should just stay there (as allegations)," said the prosecutor.

He later also argued on why exhibits such as newspaper reports should be deemed inadmissible. One reason he cited was that the reporters - who wrote on Abdullah and Syed Hamid's assurances - had not been asked to make a sworn statement.

anwar sodomy trial 091008 After a two-hour lunch break, justice Komathy decided in favour of the defence team when she revised the gag order and accepted the exhibits as part of the evidence.

She then adjourned the proceedings to Oct 31 for Sulaiman to continue his submissions against the transfer of the case to High Court. The date was fixed to accommodate Anwar's presence in Parliament when it reconvenes on Monday.

Anwar was elected to the Permatang Pauh parliamentary seat in a by-election on Aug 26 and is now the opposition leader.

Also present in court today included Anwar's wife, Dr Wan Azizah Wan Ismail, PKR leaders Fuziah Salleh, Zuraida Kamaruddin, Wee Choo Keong, Dr Tan Yee Kew and DAP Seputeh MP Teresa Kok.