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KUALA LUMPUR - Solicitor-General II Mohd Yusof Zainal Abiden said he was concerned about press reports on the contents of an affidavit-in-reply filed by the prosecution on Monday in the Sodomy II case of Anwar Ibrahim.
He said that according to the Legal Profession Act 1976, the contents of an affidavit could not be published until the affidavit is submitted and read out in an open court.
He asked what would happen if scandalous contents in an affidavit were published and then struck out later by the court?
Mohd Yusof, who is leading the prosecution, asked the court to advise the media on such matters.
Is it public document, or what?
However, lead counsel Karpal Singh cited a judgment by former chief justice Mohd Eusoff Chin, which stated that once an affidavit has been filed, it becomes a public document and its contents could be reported by the media.
 Trial judge Mohamad Zabidin Mohd Diah advised the media to report the proceedings accurately and warned that action would be taken if any party made inaccurate reports.
"I don't want to be seen as encroaching on the freedom of the press. But the media must remember that freedom of the press doesn't mean that the reporting can be done inaccurately.
"So, if the media report something inaccurately, you have to face the music.
"I believe in press freedom'
"If the parties take action and the court decides to impose a penalty, at that time, don't blame the court and say that I'm trying to stop freedoom of the press," he said.
“I believe in freedom of the press, but it does not include inaccurate reporting,” he added.
The Sodomy II case continued Tuesday - but only for 10 minutes. The court then adjourned the hearing to Wednesday.
The postponement was to allow submissions on Anwar’s application to disqualify the trial judge on grounds of bias.
This is the second time that the high-profile trial has been postponed.
On Monday, it was adjourned after the defence applied for High Court judge Mohamad Zabidin to recuse himself from hearing the case on grounds of bias.
Anwar, 63, is charged with sodomising former aide Mohd Saiful Bukhari Azlan, 25, 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.
The charge, under section 377B of the Penal Code, carries a maximum 20 years jail and whipping on conviction.
The accuracy of facts
Karpal told the court Tuesday that there were certain denials that Mohd Yusof made on the accuracy of facts.
“They (the prosecutin) are not accepting the position we are putting forth, and we have to reply to it,” Karpal said.
He added that the affidavit would be filed in the afternoon after getting the transcripts on the court proceedings.
In their affidavit-in-reply, the prosecution, led by Mohd Yusof, said that before the Utusan Malaysia reporter could be cited for contempt, the court had to first decide on the following:
- whether the newspaper reports were written maliciously, and
- whether it had interfered with the administration of justice and undermined a fair trial.
The matter was to have been heard Tuesday.
The trial started last Wednesday, 18 months after Anwar was first charged. Mohd Saiful, who is the complainant, has completed his examination-in-chief.- Malaysian Mirror
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