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Sessions Court has the discretion to transfer Anwar Ibrahim’s sodomy case to the High Court

KUALA LUMPUR, 7 Oct 2008: The Sessions Court here today ruled that it has the discretion to order the transfer of Datuk Seri Anwar Ibrahim’s sodomy case to the High Court for trial.

Judge S.M.Komathy Suppiah said the Sessions Court had jurisdiction to ascertain the validity of the transfer certificate signed by Attorney-General Tan Sri Abdul Gani Patail.

Komathy made the ruling after the defence objected to the transfer, questioning the validity of the certificate as it was signed by Abdul Gani who is under investigation by the Anti-Corruption Agency (ACA).

The prosecution had argued that Abdul Gani, being the attorney-general, was duty-bound to sign the certificate as an administrative procedure.

Anwar had lodged a police report against Abdul Gani over allegations of fabrication of evidence in Anwar’s “black eye” incident in 1998.

Anwar, 60, is charged with voluntarily committing carnal intercourse against the order of nature with 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.

If convicted, the Parti Keadilan Rakyat (PKR) advisor faces a maximum 20-year jail term under Section 377B of the Penal Code, which also provides for whipping but it only applies to persons below the age of 50.

Anwar is free on a personal bond of RM20,000 without surety. — Bernama


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