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Anwar withdraws appeal to disqualify judge
Wed, Mar 17, 2010
New Straits Times

KUALA LUMPUR: Opposition leader Datuk Seri Anwar Ibrahim has withdrawn his appeal to disqualify the trial judge presiding over his sodomy case as he "did not want to prolong the trial". At a press conference in his office in Parliament yesterday, Anwar, accompanied by his lead counsel Karpal Singh, announced that he withdrew his application yesterday through the legal firm S. N. Nair & Partners.

The appeal was scheduled to be heard at the Court of Appeal on Friday.

"After considering the amount of time it will take, we choose to expedite the trial," he said.

"So far, the courts and judicial system has not changed. I do not think the matter of changing the judge will alter the system."

On Feb 18, High Court judge Datuk Mohamad Zabidin Mohd Daih dismissed Anwar's application to disqualify himself (Zabidin) from hearing the case.

Anwar, in his appeal, stated that Zabidin would be biased if he remained on the bench, as he did not initiate contempt action against the Malay daily, Utusan Malaysia, for "being mischievous and a disruption to a fair trial".

Zabidin had refused to withdraw from hearing the case and refuted any allegation of wrongdoing. He then postponed the hearing and fixed March 25 for mention.

Anwar is charged with sodomy on his former aide Mohd Saiful Bukhari Azlan, 25, at a Bukit Damansara condominium on June 26, 2008.

Meanwhile, the High Court will hear on April 9 Anwar's application to strike out academician Dr Chandra Muzaffar's defence in a RM10 million defamation suit.

The matter will be heard before judicial commissioner Dr Prasad Sandosham Abraham.

Anwar's counsel S. N. Nair told reporters that Anwar made the application since Chandra, who is also Just World Movement president, had filed further particulars to his statement of defence out of time.

The opposition leader is suing Chandra over his alleged defamatory statements made at a forum in Menara Star, Petaling Jaya on March 3, 2008, which were subsequently published in newspapers.

He claimed that Chandra spoke the offending words to disparage him in his private and official capacities.

In his statement of defence, Chandra denied uttering any defamatory comment concerning Anwar and further claimed that if the words were defamatory, which he denied, then they were published on an occasion of qualified privilege without malice.

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