Sodomy II: Appeal dismissed, High Court to hear case

(The Star) – Opposition leader Datuk Seri Anwar Ibrahim will be tried for his sodomy charge in the High Court, the Court of Appeal ruled.

In a unanimous dismissal of his appeal against an order to move his case from the Sessions court to the High Court, Court of Appeal judge Justice Abdull Hamid Embong said that the three-man bench had observed that there was “absolutely no evidence, not even misgivings, that Datuk Seri Anwar Ibrahim would not get a fair trial in the High Court.”

“Considering all the factors, we feel that it would be better that the High Court deal with this charge against him.

“The assurance given by the former Prime Minister that the Public Prosecutor (Attorney-General Tan Sri Abdul Gani Patail) will not take any part in his prosecution is essentially a firm statement that he will get a fair and open trial,” he said.

He added that the fact that the Public Prosecutor had undertaken to have this case transferred to the High Court would in now way detract Anwar of his opportunity for a fair trial.

“To us, the choice of forum of this trial is inconsequential,” he said.

Justice Abdull Hamid, who sat with Justices Abu Samah Nordin and Jeffrey Tan Kok Wha, handed down the judgment from a 17-page skeletal decision. The full grounds of the judgment would be provided at a later date.

In an immediate response outside the courtroom, Anwar said he was “disgusted” by the decision.

The case had originated in the Sessions Court before judge S.M. Komathy Suppiah last year but Abdul Gani later signed a certificate to transfer the case to the High Court. On Nov 7, Komathy ruled that the transfer certificate was invalid.

However, in an appeal on March 5, High Court Justice Mohamad Zabidin Mohd Diah ruled that the Sessions Court judge had erred, and ordered the case be moved.

On March 10, Sessions Court judge Rozana Ali Yusoff transferred the trial to the High Court.

The Kuala Lumpur High Court will hear on Friday Anwar’s application to compel the prosecution to provide him with documents and evidence relevant to preparing his defence for his sodomy trial, scheduled for July 8.

It will also hear Anwar’s application to strike out his sodomy charge on the same day.