PUTRAJAYA: The public prosecutor's appeal against a High Court order that Datuk Seri Anwar Ibrahim be supplied key documents in preparation of his sodomy trial will go on.
The Court of Appeal yesterday dismissed Anwar's preliminary objection that the appellate court had no jurisdiction to hear the appeal as the order was not final.
Court of Appeal judge Datuk Hasan Lah, in his oral judgment, said the order was final and as such, is appealable.
However, Hasan did not give any grounds for the ruling. Sitting with him were Datuk Abu Samah Nordin and Datuk Sulaiman Daud.
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| Court of Appeal judge Datuk Hasan Lah ruled that the High Court order to supply documents is final and appealable |
Counsel Karpal Singh, who appeared for Anwar, also applied to Hasan that the public prosecutor's appeal be stayed pending appeal in the preliminary objection to the Federal Court.
Senior deputy public prosecutor Datuk Mohd Yusof Zainal Abiden objected to Karpal's application.
Hasan allowed the objection and ordered that the public prosecutor's appeal be heard immediately.
Earlier, Karpal submitted that the prosecution's appeal could not be heard at this stage because the High Court judge's order was not a finality and did not affect the sodomy trial.
Karpal said the High Court "decision" as contained in the Courts of Judicature Act was not yet final.
"If the prosecution was to appeal, it must wait until the trial proper was complete," he said.
Yusof said the High Court's decision was final as the prosecution was compelled to hand over the documents as ordered.
He said the knowledge that was contained in the documents would be passed on to the defence team.
Yusof said if Anwar was denied the documents before the start of his trial, he could apply for them during the trial.
The Court of Appeal fixed Oct 30 to resume hearing the arguments. Karpal later said he had instructions to appeal against the preliminary objection to the Federal Court.
On July 16, High Court judge Datuk Mohamad Zabidin Mohd Diah granted Anwar access to key documents in preparation of his defence in his sodomy trial.
Anwar, however, failed to get the High Court to compel the prosecution to release the original DNA samples and swabs taken from his former aide Mohd Saiful Bukhari Azlan and from the condominium unit where the incident allegedly occurred.
Anwar pleaded not guilty after he was charged with committing carnal intercourse against the order of nature on Saiful, 24, at an apartment in Bukit Damansara here on June 26 last year.
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