Sodomy trial transfer: Court to decide on Oct 7

breaking news updated 5.40pm Opposition Leader Anwar Ibrahim, who was back in court today over the sodomy charge levelled against him by a former aide, will know on Oct 7 whether the case will be transferred to a higher court.

The date was fixed by Kuala Lumpur Sessions Court judge SM Komathy Suppiah after hearing arguments this morning from both the prosecution and defence counsel on a technical issue relating to jurisdiction.

The prosecution argued that the court “has no choice” but to allow the transfer as it has no power to reject the move. This position was nevertheless challenged by Anwar’s legal team.

On Oct 7, the judge will rule whether she can hear Anwar’s objection to transfer of the case or allowing the transfer without the validity of the application being further questioned.

The prosecution had earlier sought permission for the matter to be transferred to the High Court.

However, the defence team had objected to the transfer certificate as it was signed by attorney-general (AG) Abdul Gani Patail.

Their objection was on the basis that the AG should not have played any role in this case as he was being investigated following a complaint that he had tampered with evidence in Anwar’s trials 10 years ago.

The proceedings started today with AG’s chambers prosecution head Mohd Yusof Zainal Abiden submitting in favour of the transfer.

Citing case law, he said the court has no power to decide against the prosecution’s application and that Justice Komathy was bound by these previous court decisions.

In relation to this, the lead prosecutor also argued that the court could not hear or entertain the objection made by Anwar’s defence team.

Under the law, only the AG can sign the certificate to transfer the case but the validity of this document has been challenged by the defence on the ground that Prime Minister Abdullah Ahmad Badawi had previously said that Abdul Gani will not be involved in this sodomy case.

On this point, Mohd Yusof said Abdul Gani has had no direct role in the prosecution of the case.

“At the end of the day, the PM can say anything (but) the court (must) respect justice in accordance to law,” he noted.

Justice Komathy asked Mohd Yusof whether public confidence would be undermined if the AG, who has been “disqualified by the PM”, was allowed to be involved.

“I can’t say whether he (AG) has been disqualified, I am obviously not the PM,” replied the prosecutor, adding that “only the law” can disqualify Abdul Gani from involving in the case.

Appeared dissatisfied with the reply, the judge - who had remarked at one point that she was “very troubled” by the PM’s remark - pressed on with the same question.

“Would it not undermine public confidence in the administration of justice when the AG has been disqualified from the case?” she asked again.

“Nothing has changed [...] Bias or no bias, confidence or no confidence, it is only the venue (that is being) changed and that the High Court has more power,” responded Mohd Yusof, who appeared slightly agitated.

'Clear Miscarriage Of Justice'

Anwar’s lead counsel Sulaiman Abdullah interjected at this juncture, saying there was legitimate expectation among the public and his client that the AG would not be involved in the case.

“Is the prosecution saying that the PM just shoots his mouth off without consulting the AG? Why mislead the public that the AG won’t be involved all this while, then?” he asked.

Rebutting the prosecution’s contention that the court has no power to hear the matter, Sulaiman (right) said the court has its inherent power to step in when there is a “clear miscarriage of justice”.

Mohd Yusof, after coming under intense questioning by the judge, then told her that she has “no choice” but to allow the transfer of the high-profile case to the High Court.

“I wouldn’t want to argue with you. You have no choice but to transfer (the case) to High Court. Once the certificate (to transfer) is produced, you have to transfer the case,” he said to murmurs from those in the court room, mainly PKR supporters.

As the arguments persisted, Justice Komathy - who was initially expected to decide on the matter today - said she required a meeting with the prosecution and defence lead counsel in chambers.
When she emerged 30 minutes later, she said she would need two weeks time to study the arguments before making a decision.

High Security At Court Complex

At the Jalan Duta court complex today, security was heightened again for the hearing, with several federal reserve unit trucks on standby and 80-odd police personnel posted at various locations.

Two layers of police security were also in place for those registering to enter the courtroom.

Anwar arrived at the court complex at 9.50am and entered the courtroom eight minutes later. The hearing started at 10.05am, and was over in 90 minutes.

The opposition leader was accompanied by his wife Dr Wan Azizah Wan Ismail and daughter Nurul Izzah, who is also the Lembah Pantai MP.

Asked by reporters about the possible outcome before the proceedings resumed, Anwar said: “You never know (about) justice in this country”.

About 50 supporters and several party leaders were present as a show of support.

Anwar had claimed trial on Aug 7 when charged with sodomising his former aide, 23-year-old Mohd Saiful Bukhari Azlan.

If convicted, he could face a 20-year jail term. He is currently out on a RM20,000 personal bond.

There was some fear among his supporters that his bail could be revoked, resulting in Anwar being held in prison while awaiting his trial - a process that could take months. However, the bail issue was not raised in court previously and was not raised today either.