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(Suara Keadilan) - The Court of Appeal has granted Opposition Leader Anwar Ibrahim a stay of execution against all proceedings in the High Court until it decides on his appeal against the transfer of his sodomy case from the Sessions Court to the High Court.
It also overruled the a preliminary objection from the prosecution. Solicitor-General II Yusof Zainal Abiden had argued that the transfer of the case could not be appealed against as the trial proper has not started at the High Court. But the the three member Appellate bench comprising Abdull Hamid Embong, Abu Samah Nordin and Jeffery Tan Kok Wha dismissed his objection and fixed the appeal to be heard on Wednesday. On March 10, Anwar had pleaded not guilty to sodomising former aide Mohd Saiful Bukhari Azlan at a condominium in Bukit Damansara on June 26, 2008. The case came before Sessions Court Komathy Suppiah, but the Attorney-General Abdul Gani Patail signed a transfer certificate to move the case to the High Court. Anwar objected. On Nov 7, Komathy ruled that the transfer certificate was invalid. The AG then appealed her decision. On March 5, 2009, High Court Justice Mohamad Zabidin Mohd Diah ruled that Komathy “had erred”, and ordered the case to be moved to the higher court. Anwar is now appealing the High Court’s decision. He recently applied for a court order to compel the prosecution to provide him with key documents needed to prepare his defence.This was due to be heard on July 1. The High Court was also due to hear his application to strike out the sodomy charges on July 8, after two medical reports – one from the government-run Hospital Kuala Lumpur – found no signs that Saiful was sodomised. If rejected, then the trial proper will begin the same day. Anwar has accused Prime Minister Najib Razak of fabricating the sodomy charges against him in a bid to kill his political comeback.
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News & Commentaries 
If anything, this signals the prosecutors have a weak hand from dubious allegation and if the case does proceed, Gorbind is sure to put Najib on the stand. Najib will have to explain to us all how Saiful Tonggeng was able to initiate an intimate one to one meeting with his office for purpose of soliciting a scholarship - as reported in msm, coupled with a photo op of Saiful and an aide within the confines of then DPM's office.
As much as Najib wants to hit hard, this could also be his undoing. If I were a betting man, this case won't make it to trial. The stakes are too high for Najib and mind you there exist too many holes in Saiful's case against Anwar.
Casper