KUALA LUMPUR, Feb 9 (Bernama) -- Datuk Seri Anwar Ibrahim's sodomy trial was today postponed to tomorrow to enable the defence to file a response to the prosecution's affidavit-in-reply to Anwar's recusal application.
High Court judge Datuk Mohamad Zabidin Mohd Diah gave the adjournment after allowing Anwar's lead counsel, Karpal Singh, to reply to the prosecution's affidavit.
This is the second time that the high-profile trial has been postponed. Yesterday it was adjourned to today after the defence applied for Mohamad Zabidin to recuse himself from hearing the case on grounds of bias.
Anwar, 63, the member of parliament for Permatang Pauh, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 25, at Unit 11-5-1 of the Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, 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 trial started last Wednesday, 18 months after Anwar was first charged. Mohd Saiful, who is the complainant, has completed his examination-in-chief.
Karpal Singh told the court today that the defence had to reply to the prosecution's affidavit-in reply because it touched on the accuracy of Anwar's affidavit in support of the recusal application.
He also asked the court to supply the relevant notes of proceedings to both sides by this afternoon.
Meanwhile, Solicitor-General II Datuk Mohd Yusof Zainal Abiden Mohd Yusof, who is leading the prosecution, said he was concerned about press reports on the the contents of the affidavit-in-reply filed by the prosecution yesterday.
He said that according to the Legal Profession Act 1976, the contents of an affidavit could not be published until the affidavit was submitted and read out in an open court.
Posing the question of what would happen if the scandalous contents in a affidavit were published and the court subsequently struck out the affidavit, he asked the court to advise the media on reporting on such matters.
However, Karpal Singh cited a judgment by former chief justice Tun Mohd Eusoff Chin which stated that once an affidavit had been filed, it was a public document and its contents could be reported by the media.
Mohamad Zabidin then reminded 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.
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.