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Anwar Trial Transfer, Court To Decide On October 7

The Sodomy II trial of Datuk Seri Anwar Ibrahim has been postponed yet again, after Sessions Court judge S.M. Komathy Suppiah ordered a two-week recess so she can decide on whether to allow the prosecution’s application to transfer the case to the High Court.

Anwar and Wan Azizah at courtShe is set to deliver the decision on October 7.

At the previous hearing on Sept 10, Senior Deputy Public Prosecutor (DPP) Datuk Yusof Zainal Abiden, submitted a certificate of transfer to move the Sodomy II trial to the High Court.

Anwar’s defence team, led by Sulaiman Abdullah, objected to the transfer application on several grounds, primarily that the certificate was signed by Tan Sri Abdul Gani Patail, the Attorney-General (A-G) who has been implicated in a police report lodged by Anwar alleging he created false evidence against the former deputy prime minister ten years ago in the notorious “black-eye incident.”

Today, the court heard lengthy arguments from both sides.

Yusuf argued that judge had no jurisdiction other than to allow the certificate of transfer to the High Court through.

“We are not saying that Your Honour is not competent or do not have the experience, but it is the law!” said Yusof, referring to the limited powers of the Sessions Court.

“You have no choice but to transfer us.”

Sulaiman however countered that the certificate of transfer was invalid as long as it bore the signature of Abdul Gani.

He argued that Prime Minister Datuk Seri Abdullah Badawi had already made a clear stand by publicly declaring that the A-G would not be involved in the matter in any way.

“I’m not making an application. All I’m saying is that the person has no business whatsoever in signing this. Therefore, the certificate is not valid,” said Sulaiman.

His impassioned rebuttals to Yusof piqued Judge Komathy’s interest. Turning to the DPP, she asked: “What I want to know is this: Do you concede that the Attorney-General is disqualified from this case?

“Will it not undermine the public’s confidence in the administration of justice if the Attorney-General who is disqualified signs this?”

Despite the pressure from the judge and from the gallery – Anwar’s supporters often broke out in loud, scoffing sniggers – Yusof maintained that there was a need for “a proper written application” even if it bore the signature of Abdul Gani.

He also emphasised that “the prime minister can say whatever he wants” but that Abdul Gani had not been disqualified from his office as Attorney-General and that only the Attorney-General could place his signature on the document.

Later, at the lobby of the Duta Court Complex, Anwar told the media that he would await the judge’s decision to see if fundamental justice will overcome a point of legal technicality.

Source: The Malaysia Insider

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