Sodomy II: Trial-within-a-trial tomorrow

By Shazwan Mustafa Kamal, The Malaysian Insider

KUALA LUMPUR, March 2 — In a surprising decision today, trial judge Datuk Mohd Zabidin Mohd Diah has allowed the defence’s application for a trial-within-a-trial.

Datuk Seri Anwar Ibrahim’s lawyers have argued that several items obtained by the police from a holding cell where Anwar was held overnight on July 17, 2008 were illegally obtained, and want them to be rendered inadmissible.

Defence counsel Karpal Singh also said today that Anwar’s arrest in itself was illegal, and urged for a trial-within-a-trial immediately.

“Generally, the court is not concerned with how inadmissible evidence is obtained.

“It is in my humble opinion the court has the discretion to exclude the items if they were obtained using unfair means. The trial-within-a-trial should be allowed. I allow the defence’s application,” said the judge.

The defence will call up Anwar tomorrow to testify. Proceedings will begin at 2.30pm tomorrow.

“Right now it’s Anwar, but tonight we will discuss to see whether we will call for other people,” said Sankara Nair.