In a written affidavit filed this afternoon along with a notice of motion to disqualify Judge Datuk Mohd Zabidin Mohd Diah, Anwar said that Mohd Zabidin had “threatened” Karpal Singh yesterday when the lawyer gave notice of the defence’s intentions to file an application to disqualify him.
“My lawyer at the time had given notice to the judge that he had been ordered by his client (me) to request that the said judge recuse himself from hearing my trial.
“The reason being that the judge did not respect the decision of the Supreme Court in United Asian Bank Berhad vs Tai Soon Heng Constructiion Sdn Bhd (1993).
“The judge then answered, saying that what my lawyer had said could be considered as contempt of court. My lawyer had responded by saying the issue of contempt of court did not arise and I was not given a fair trial,” said Anwar in his affidavit.
According the notes of the trial proceedings yesterday, Karpal had accused Mohd Zabidin of an “unwarranted threat of contempt,” thereby “intimidating the counsel.”
Anwar said that although the judge had subsequently withdrawn his “contempt” remarks and agreed that it was “not proper” of him to have said such things to Karpal, the judge’s act of “intimidation” indicated a “real danger of bias” which would prevent the opposition leader from receiving a fair trial.
Anwar also stressed that the application to disqualify the judge was based solely on Mohd Zabidin’s alleged acts of “intimidation” towards Karpal, and for no other reasons.
Earlier today in court, Karpal had informed the judge that the notice of motion along with Anwar’s application had been filed, and that the trial could not go on until Mohd Zabidin heard the application.
“Your lordship had intimidated counsel, that is me, [and] that’s why Anwar is concerned he won’t get a fair trial.
“We need time till tomorrow morning to be ‘well-prepared’ to recuse your lordship from further hearing the matter,” said Karpal.
Mohd Zabidin then fixed tomorrow morning for the hearing of the defence’s bid to have him disqualified as the trial judge.
Yesterday, the defence took issue with Mohd Zabidin’s ruling to deny Anwar access to three Hospital Kuala Lumpur (HKL) doctors’ medical notes.
The judge, in making the ruling, cited that the defence failed to give reasons on why they needed those documents.
Karpal had at the time claimed that the judge’s decision had misinterpreted a Supreme Court decision in 1993, which stipulated that the courts are bound by the decision which states that witness must “place before the court all the data in which he bases his information.”
The judge, however, had said that Section 45 of the Evidence Act merely provided for the “admissibility” of opinion and nothing more.
“Originally we wanted to file an application to disqualify the judge because he did not take into considering a Supreme Court ruling when denying the defence access to the HKL notes,” another defence lawyer, Sankara Nair, told The Malaysian Insider today.
“But after what the judge had said yesterday, intimidating Karpal, we filed an application today citing the one reason why we want the judge disqualified, that is the act of intimidation.”
Anwar, the 62-year-old PKR de facto leader, is currently facing sodomy charges for the second time in his life.
The former deputy prime minister is charged with sodomising a former aide, Mohd Saiful Bukhari Azlan at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara here between 3.01pm and 4.30pm on June 26, 2008.
Anwar has denied the charge, describing it as “evil, frivolous lies by those in power” when the charge was read out to him. He is charged under section 377B of the Penal Code and can be sentenced to a maximum of 20 years’ jail and whipping upon conviction. The trial is taking place 18 months after Anwar was charged in court in August 2008.
He was charged with sodomy and corruption in 1998 after he was sacked from the Cabinet and was later convicted and jailed for both offences. He was freed in September 2004 and later resurrected his political career by winning back his Permatang Pauh parliamentary seat in a by-election in 2008, which had been held in the interim by his wife.
He had two years ago led the opposition coalition, Pakatan Rakyat, to a historic sweep of five states and 82 parliamentary seats in Election 2008.
