Anwar sodomy trial to transfer to High Court
By Chua Sue-Ann, The Edge
KUALA LUMPUR: High Court Judge Datuk Mohd Zabidin Mohd Diah today ordered the Sessions Court to transfer Datuk Seri Anwar Ibrahim's sodomy trial to the High Court, upholding an appeal by prosecution.
Justice Zabidin agreed with Solicitor-General II Datuk Mohd Yusof Zainal Abiden's earlier submission that Sessions Court Judge Sm Komathy Suppiah had erred in her decision and acted beyond her powers to disallow a transfer certificate signed by Attorney-General (AG) Tan Sri Abdul Gani Patail.
Justice Komathy had on Nov 7, 2008 dismissed a transfer certificate signed by the AG as invalid, on grounds there had been an understanding the AG would stay clear of any involvement in the case against Anwar.
Intense debate centered on the AG’s powers and role on Feb 26 with Anwar’s lead counsel Sulaiman Abdullah arguing that the AG had effectively been disqualified from the case following the prime minister’s public assurance that the AG would not participate in the case.
Anwar had previously lodged a police report alleging the AG’s role in tampering evidence related to the case of Anwar’s assault by former IGP Tan Sri Rahim Noor when Anwar was arrested for sodomy and corruption charges in 1998.
Zabidin set March 10 for mention of the matter at the Sessions Court.
Sulaiman informed the court that Anwar would file an appeal of the High Court's decision today at the Court Of Appeals.
Met after the hearing, Anwar's co-counsel Sankara Nair told reporters Anwar had expressed disappointment with the decision.
Sankara also said Anwar would file an appeal by tomorrow, in a bid to retain his sodomy trial at the Sessions Court.
Anwar is being charged under Section 377B of the Penal Code for allegedly sodomising his former aide Mohamad Saiful Bukhari Azlan at Desa Damansara Condominium on June 26, 2008.
Anwar, who is currently free on a personal bond of RM20,000, faces imprisonment of up to 20 years if convicted.
