KUALA LUMPUR, 7 Oct 2008: The Attorney-General’s Chambers has asked the
Criminal High Court to review the decision of a Sessions Court judge who today dismissed the prosecution’s objection to a hearing on the proposed transfer of Datuk Seri Anwar Ibrahim’s sodomy case.
Datuk Mohamed Yusof Zainal Abiden who is Prosecution Unit Head at the Attorney-General’s Chambers, said the application was submitted to a High Court judge at about 2pm but no date had been fixed to hear the request.
This morning, Sessions Court Judge S.M. Komathy Suppiah ruled that she has jurisdiction to ascertain the validity of the transfer certificate signed by Attorney-General Tan Sri Abdul Gani Patail.
In doing so, she rejected the preliminary objection by the prosecution which contended that it was mandatory for the Sessions Court, under Section 418A (3) of the Criminal Procedure Code, to transfer the case to the High Court once the transfer certificate had been issued by the prosecution.
Anwar, 60, has been charged in the Sessions Court with sodomising his former
aide, Mohamad Saiful Bukhari Azlan, 23, at Unit 11-5-1, Desa Damansara
Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on 26 June.
The prosecution later sought to have the case transferred to the High Court but the defence argued that the certificate of transfer was invalid because it was signed by Abdul Gani. who is being investigated by the Anti-Corruption Agency following a police report filed by Anwar. — Bernama