Anwar to know on Oct 7

KUALA LUMPUR: PKR adviser Datuk Seri Anwar Ibrahim will know on Oct 7 if his sodomy case at the Sessions Court will be transferred to the High Court.

Sessions Court judge S.M. Komathy Suppiah said she needed two weeks to consider submissions and case laws cited by both parties.

Lead prosecutor Senior DPP Datuk Mohd Yusof Zainal Abiden argued that it is clear that the subordinate court was mandated to transfer the case to the High Court upon the tendering of a certificate by the Public Prosecutor for the purpose.

“You are left with no discretion.This court is not the correct forum (to hear the matter),” said the prosecutor.

Komathy interjected by asking if the prosecutor conceded that the Prime Minister had in clear terms said that Attorney-General Tan Sri Abdul Gani Patail would not be involved in the case and that Gani had signed the transfer certificate.

To this, DPP Yusof simply replied “Yes.”

Asked by Komathy further if the move would undermine public confidence in the administration of justice, DPP Yusof said it does not apply to administrative action as nobody can sign the certificate except Gani.

When the judge repeated again the question, DPP Yusof said the prosecution was simply changing the venue to hear the case.

“Only the venue is different as the High Court has more power and its inherent jurisdiction is unlimited. The procedure will be the same,” he said.

The Permatang Pauh MP had on Aug 7 claimed trial to sodomising his former aide Mohd Saiful Bukhari Azlan.

The party’s de facto leader was accused of committing the offence at Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm on June 26.

The certificate issued under Section 418A of the Criminal Procedure Code was tendered by the prosecution when the case came up for mention on Sept 10.

The defence had also objected to the certificate on grounds that it was signed by Gani when a police report had been lodged by Anwar against the A-G for his black-eye incident 10 years ago and the matter was currently being investigated.

Lead counsel Sulaiman Abdullah contended the sodomy case could be tried by the sessions court.

Sulaiman argued that the court should treat it as if there was no certificate supplied to the court.

He argued that the A-G had signed the certificate by going over the facts of the case when he had been disqualified.

“The A-G is disqualified by the highest executive of the country. Is he saying that the Prime Minister just spoke without consulting the A-G? Why mislead the public that the A-G is not involved?” he asked.

Sulaiman said the case was an exceptional case and it would be a miscarriage of justice if the court conceded with the prosecution’s application.

Asked by Komathy further if the person who is disqualified can take part in the proceedings, DPP Yusof said he did not say that but he was merely asking the court to transfer the case to the High Court as it is the proper forum and proper under the law.

The judge met both parties earlier in her chambers for 30 minutes before adjourning the matter for a decision.

M. MAGESWARI
Star Online
24/09/08