Sessions Court judge S. M. Komathy Suppiah will decide on Oct 7 whether to allow Opposition leader Datuk Seri Anwar Ibrahim's sodomy trial to be heard in the High Court.She made the decision after hearing submissions and authorities cited by both prosecution and defence lawyers in a 45-minute heated argument.
The prosecution, led by DPP Datuk Yusof Zainal Abideen, had, on Sept 10, applied to have the case transferred to the High Court, citing that the case was one of "significant public importance".
Anwar's defence team, led by Sulaiman Abdullah, had objected to the certificate of transfer which was signed by Attorney General Tan Sri Abdul Gani Patail, arguing that the AG should not be involved in the case, as he was under investigation for allegedly falsifying evidence in Anwar's "black-eye" case in 1998.
They also cited an assurance from Prime Minister Datuk Seri Abdullah Ahmad Badawi that Gani would not be involved in the case.
This was repeated yesterday by Sulaiman when he said: "Our position all along has been that Tan Sri Abdul Gani Patail would have absolutely no involvement in this prosecution. The Prime Minister has categorically stated that Abdul Gani Patail would play no part in the prosecution, and the AG's Chambers has not denied that."
Yusuf countered that the AG's signature on the certificate was just a formality, and after citing case law, argued that Komathy had no choice but to transfer the case to the High Court.
Komathy questioned whether the approval of the certificate would "undermine public confidence in the administration of justice".
"I am very troubled by the fact the PM has said the AG will not get involved, given the nature of the relationship between the accused and the AG," said Komathy.
Later, outside the courtroom, Anwar told the press that the objection to the certificate was one of "natural justice".
"The issue raised by the prosecution is that it is not within the jurisdiction of the Sessions Court to deny their application to transfer the case to the High Court. Our principle is one of natural justice; to raise preliminary objections to the certificate signed by Gani Patail, who has been disqualified from deciding in my case," he said.
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 June 26.
Meanwhile,the prices of petrol and diesel will be reduced by 10 sen to RM2.45 and RM2.40 per litre respectively beginning midnight, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced today.He said the retail price of RON92 petrol will also be reduced from RM2.40 to RM2.30 per litre.He said the 10 sen reduction was the maximum the government could allow as although the world oil price had dropped slightly, the ringgit had also weakened against the US dollar.
source : theSun
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The Session court judge must be brave enough to make a wise decision but not to kowtow to the demands of the AG.
Pat Lah calls Anwar a bluff about his 916 yet he dare not face him in a special parliamentary session.
Pat Lah announced that prices of petrol and diesel will drop 10 sen a liter, but how long can the gusto of a 10 sen drop can alleviate the sufferings of the poor rakyat. The public has been fooled by Pat Lah and likewise,Pat Lah too is big fat liar...
cheers.
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