The StarKUALA LUMPUR: The Sessions Court ruled that the certificate signed by Attorney-General Tan Sri Abdul Gani Patail to transfer Datuk Seri Anwar Ibrahim's sodomy case to the High Court is invalid. (Please click here to read the Judgment of Judge SM Komathy Suppiah)
Judge S.M. Komathy made this ruling on Friday here.
The judge said she would like to make it clear that “the decision here does not in any way detract or impinge on the absolute authority the A-G enjoys under the federal constitution in the institution and conduct of criminal prosecution”.
She said this case raises a unique situation where it is evident that any involvement by the A-G in this case would seriously undermine public confidence in the administration of criminal justice.
Anwar had on Aug 7 claimed trial to sodomising his former aide Mohd Saiful Bukhari Azlan at the Desa Damansara Condominium in Bukit Damansara on June 26.
On Sept 10, the prosecution tendered a certificate under Section 418(a) of the Criminal Procedure Code dated Sept 9 requiring the sessions court to transfer the case to the Kuala Lumpur High Court. The certificate was personally signed by the A-G.
The defence protested to the involvement of the A-G in the case for issuing the certificate contrary to the promise given by Prime Minister Datuk Seri Abdullah Ahmad Badawi that the A-G would not be involved at all in this case.
Abdullah gave his promise after Anwar lodged a police report alleging that the A-G and the Inspector-General of Police Tan Sri Musa Hassan were allegedly involved in fabricating evidence during investigations into the “black eye” incident in 1998.
The prosecution had said that it was the AG’s prerogative under section 418(a) of the CPC to issue the certificate and that it was incumbent on the court to transfer the case to the high court.
In arguing that the A-G had the power and discretion to transfer the case, the prosecution added that the Prime Minister, being a politician, could have given the promise to please the people he was addressing and that the same was not binding on the A-G.
In delivering her ruling on Friday, Komathy said, "I must say that the solemn words of the head of the executive of this country on specific and serious matters such as those complained of in this case cannot be trifled with.”
She said the Prime Minister must have given the matter due consideration and must have had the overriding interest of justice and due process of law in giving his word that the A-G would play no part in this case.
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