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KUALA LUMPUR – The Anwar Ibrahim Sodomy II trial has been postponed following an application by the defence team to recuse (disqualify) judge Mohamad Zabidin Mohd Diah on grounds that he is biased.
Anwar filed the application at the High Court criminal registry at 9am Monday.
The application was made in relation to the judge's decision in declining to caution Utusan Malaysia for carrying certain headlines and a photograph caption that were deemed contemptious by the defence team.
The application will be heard at 9.30am Tuesday.
 Lead counsel Karpal Singh brought up the issue as soon as the case was called at about 10am Monday, Day 4 of the trial.
'Departure from standard justice'
"This pronouncement by the learned judge is not borne out by what actually transpired in open court, not in the notes of proceedings,
both written and audio,” said Anwar in his application.
"As a result of the rulings made by the trial judge, there has been a departure from the standard of even-handed justice which the law requires.
"The trial judge has not adjudicated upon the applications made by my counsel with an independent mind.
“A fair-minded and informed bystander would, under the position obtaining, entertain a fear of real danger of bias on the part of the learned trial judge,”
But Zabidin dismissed the application on the grounds that the articles and photographs published "were not carried with the intention of being mischievious and to disrupt trial proceedings" adding that there "clearly was no evidence on affidavit or otherwise to show such intention or mischief by Utusan Malaysia.”
Judge: Paper not misleading
Zabidin said he would not "caution the newspaper", contending that the reports were not misleading. Zabidin also disagreed that the photograph published was not used as evidence in open court.
Anwar, 63, is charged with sodomising Mohd Saiful Bukhari Azlan at Unit 11-5-1 of the Desa Damansara condominium in Jalan Setiakasih, Bukit Damansara, at between 3.01pm and 4.30pm on June 26, 2008.
He is charged under Section 377B of the Penal Code and faces up to 20 years in jail and whipping upon conviction.
The trial takes place 18 months after Anwar was first charged in August 2008.
Karpal had applied for the judge to cite Utusan Malaysia for contempt of court over its coverage.
Mohamad Zabidin ruled that the court would not initiate contempt proceedings against the newspaper as it was not done in court.
“However, the lawyers can lodge a police report to initiate a full investigation,” he ruled.
PKR communications director Jonson Chong later lodged a police report against the newspaper for “publishing false news.”
Blow-by-blow account
Key witness Mohd Saiful, 25, who is Anwar's former aide, last week gave a blow by blow account in the High Court of what allegedly transpired at a condominium unit in Desa Damansara when he was alone with the Opposition Leader on that June afternoon in 2008.
He had testified that Anwar had used the "F' word to invite him (Mohd Saiful) to have sex and how the Opposition Leader had been angry when he (Mohd Saiful) had refused the indecent proposal.
Mohd Saiful had also traced his meeting with Anwar after the March 2008 general election and his subsequent employment as a special assistant to the PKR advisor, who was once his 'idol.'
Following the intimate nature of his testimonials, the court continued on Day 2 in-camera. Since then the court had made two visits to the condominium.
Karpal had argued over the use of the word lagi by Utusan Malaysia, which he said implied the act of sodomy had allegedly took place, and was sufficient grounds for contempt.
The paper's Feb 4 issue was headlined Tak Rela Diliwat Lagi (Unwilling to be sodomised again), which Karpal said implied that the act of sodomy had occurred.
On Page 3 of the same issue, the paper carried the headline Berhenti Kerana Tidak Mahu Diliwat Lagi (Quit to avoid being sodomised again).
The following day, the Malay daily ran a front-page picture of Mohd Saiful, who was with court officials and lawyers, pointing to a king-size bed at the condominium which the paper captioned as the alleged bed where the sodomy took place.
Speaking to reporters after the hearing adjourned Monday, Anwar said that the proceedings had showed there was an abortion of justice and that there was malicious tactics deployed to smear him.
“Political tricks and intentional damage to my character, which is continually being done by Umno newspapers, is being allowed.
 "The statements published are blatantly inaccurate, and yet the judge has not taken any action,” said Anwar, adding that "minor issues are being played big while the major issues are given minor coverage" by the government controlled media.
The trial will proceed 9.30am Tuesday, where the court will hear Anwar’s application.
Strong presence of PKR leaders
PKR leaders, including party president Dr Wan Azizah Wan Ismail and daughter Lembah Pantai MP Nurul Izzah Anwar, made a strong presence at the court Monday.
Others include deputy president Dr Syed Husin Ali, vice-president Azmin Ali, secretary-general Saifuddin Nasution Ismail, strategic director Tian Chua and former MCA vice-president Chua Jui Meng, who is now a PKR member.
Three police trucks and a van filled with law enforcers parked near the court complex, believed to be in preparation for any protests that might take place.
A protest that was planned last Friday did not materialise and there was word that there is going to be a series of street protests every day before the Chinese New Year break. — Malaysian Mirror.
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