KUALA LUMPUR (Feb 8, 2010): Datuk Seri Anwar Ibrahim yesterday filed an application to have judge Datuk Mohamad Zabidin Mohd Diah, who is presiding over his trial for sodomy, to recuse himself on the grounds of bias.

The application was made following the judge's dismissal of an application by Anwar's lawyer, Karpal Singh, to cite Utusan Malaysia for contempt of court over an article, and for declining to caution the newspaper in relation to a photograph and caption it had carried.

In an affidavit filed with the application at the High Court registry today, Anwar said Utusan had published on its front page on Feb 4, an article titled: "Tak rela diliwat lagi" (Not willing to be sodomised again) and on page 3, another article with the heading "Berhenti kerana tidak mahu diliwat lagi" (Resigned as did not want to be sodomised again).

Anwar stated that Karpal had then applied to court to cite Utusan Malaysia for contempt of court.

"However, the judge dismissed the application summarily on the grounds that the reports were not committed in the face of the court and that they were not carried with the intention of being mischievous and to disrupt trial proceedings, when clearly there was no evidence on affidavit or otherwise to show such intention or mischief by Utusan Malaysia," said Anwar, in the affidavit.

He said on Feb 5, Utusan Malaysia on his front page published a photo with a caption: "Mohd Saiful Bukhari Azlan menunjukkan katil bilik tidur utama tempat beliau mendakwa diliwat Anwar Ibrahim kepada Hakim Mohamad Zabidin Mohd Diah ketika melawat kondominium, tempat kesalahan itu didakwa dilakukan di Unit 11-5-1, Kondominium Desa Damansara, Jalan Setiakasih, Bukit Damansara, Kuala Lumpur, semalam -- BERNAMA" (Saiful showing a bed in the master bedroom, where he was allegedly sodomised by Anwar to judge Datuk Mohamad Zabidin Mohd Diah....)

He said his counsel had urged the judge to caution Utusan Malaysia for carrying the photograph and the caption.

"My counsel stressed that the caption adverted to the bed and not the place where the alleged offence took place and therefore the report was misleading apart adverting to proceedings, which had been held in camera earlier, in the day," said Anwar.

"The learned judge declined to caution Utusan Malaysia and to my utter amazement and disbelief, ruled that the publication of the picture as evidence regarding the bed had been given in open court the previous day!" said Anwar.

He said the rulings made by the judge bring to surface an element of real danger of bias on the part of the judge, adding that "as a result, there has been a departure from the standard of even handed justice, which the law requires."

Anwar alleged that Mohamad Zabidin had not adjudicated upon the applications made by his lawyer with an independent mind.

"The judge ought to recuse himself from further presiding at my trial," said Anwar, stressing that he was entitled to a fair trial.

Later, when the case commenced at 10am yesterday, Karpal told the court he made an application to disqualify the judge and asked for the matter to be heard before the continuation of the trial.

Solicitor General II Datuk Mohd Yusof Zainal Abiden said the court should proceed with the sodomy trial until the application (for the judge to recuse himself is heard.

However, Karpal stressed that the application to recuse the judge must be heard first.

Yusof said the prosecution has not filed an affidavit-in-reply. Mohamad Zabidin then postponed the trial to om) for the hearing of the application to have him recused. - theSun