Anwar plea over judge succeeds

DPA/Kuala Lumpur

An appeals court judge in the case of Malaysian opposition leader Anwar Ibrahim recused herself yesterday after Anwar’s lawyer questioned her independence.

A replacement judge was to be named today after Judge Tengku Maimun Tuan Mat, one of the three appellate justices hearing the case, agreed to step down.

Government prosecutors are seeking to overturn Anwar’s acquittal by the High Court on the charge of sodomosing a former aide.

Maimun had dismissed a defamation suit filed in 2007 by Anwar against former Prime Minister Mahathir Mohamed.

“The court would also have to deal with the public perception that if she sits on the panel, she would be biased and public perception will be against her sitting on the panel,” said Karpal Singh, Anwar’s lawyer.

Anwar, 66, was acquitted by the Kuala Lumpur High Court in January last year on the charge of sodomising Saiful Bukhari Azlan at a condominium in the suburb of the Malaysian capital in June 2008.

In acquitting Anwar, Judge Mohamad Zabidin Diah said the court could not be 100% certain that the integrity of the DNA samples presented to the court had not been compromised.

Government prosecutors said they will prove to the appeals court that the DNA samples presented as evidence against Anwar was not compromised.

If Anwar loses in the appellate court, he faces a prison sentence of up to 20 years, and whipping.

Anwar would also have to relinquish his parliamentary seat and be barred from standing for election for five years if he is imprisoned for even one day or fined more than RM 2000 ($600).

The New York-based Human Rights Watch said the appeal against Anwar’s acquittal on sodomy charges was politically motivated and urged Malaysian authorities to decriminalise sodomy.

“Malaysian authorities are only adding insult to injury by appealing Anwar’s acquittal, compounding the injustice already inflicted on Anwar and his family,” said Phil Robertson, deputy Asia director at Human Rights Watch.