PUTRAJAYA - The Court of Appeal on Tuesday has allowed an application by Datuk Seri Anwar Ibrahim to recuse a judge sitting in a three-man panel to hear the prosecution's appeal against his acquittal over his sodomy charge.
Justice Ramly Ali, who chaired a three-man panel, allowed the recusal application by Anwar after hearing submissions by both parties.
"It will be another judge to hear (the appeal)," said Justice Ramly.
The two others in the panel are Court of Appeal judges Justice Tengku Maimun Tuan Mat and Justice Mohd Zawawi Salleh.
Anwar's lead counsel Karpal Singh has applied to recuse Justice Tengku Maimun on grounds that there was a likelihood of bias in view of her ruling in Anwar's defamation suit against former premier Tun Dr Mahathir Mohamad on July 9, 2007.
Karpal submitted that Justice Tengku Maimun had adopted remarks from the findings of the Federal Court on Anwar's homosexual tendency when she struck out the civil suit.
"It will not be proper for the judge (Tengku Maimun) to be in the coram. It is proper for the coram to be reinstituted," he said.
Karpal said that the public perception would be against Justice Tengku Maimun to sit and hear the appeal.
His co-counsel Ramkarpal Singh said that the appellate court has also informed them during case management to provide a list of names of judges involved in Anwar's cases in order to exclude them from hearing the appeal.