Anwar speaks to the press during a break in court proceedings.
UPDATED
By Debra Chong
KUALA LUMPUR, Oct 7 — Datuk Seri Anwar Ibrahim will have to wait until tomorrow at least to find out if his Sodomy II trial will be heard in the Sessions Court here or transferred to the High Court.
This morning, Sessions Court judge S.M. Komathy Suppiah dismissed the prosecution's preliminary objection, filed at the last court hearing on Sept 24, stating that the lower court judge had no authority to hear the defence's objections to the transfer.
She also dismissed the prosecution's application for a stay for a higher court to revise her decision on the preliminary objection.
"The crux of the matter now is whether the certificate of transfer is valid or not," junior deputy public prosecutor Shamsul Sulaiman told The Malaysian Insider.
Anwar's trial has been fraught with all sorts of technical objections since Day 1 when the prosecution, led by senior DPP Datuk Yusof Zainal Abiden, filed an application to transfer the case to the KL High Court, on the grounds that the case held significant public interest.
In turn, Anwar's defence team, led by Sulaiman Abdullah, challenged the prosecution's application on grounds that the certificate for transfer had been signed by the Attorney-General Tan Sri Abdul Gani Patail, who had been told by the prime minister not to get involved in any way with the case.
After a lengthy debate today between the two parties, Komathy decided on a short recess and summoned them to her chambers.
Upon her return at 12.32pm, she announced that she would hear the defence's arguments against the validity of the certificate of transfer signed by Gani Patail after lunch.
When court resumed at 2.44pm, Sulaiman took to the floor and submitted that the certificate was invalid because it bore the signature of Gani Patail who had been publicly disqualified from getting involved in the case by no less than the prime minister himself.
He brought up Anwar's recent affidavit, filed on Sept 9 this year against Gani Patail, whom he claimed had planted false evidence in his Sodomy I trial 10 years ago, to show "there is bad blood between the A-G and DSAI" as Anwar was referred to in the above-mentioned affidavit.
"Can the court clearly say that the A-G is free from any malice against DSAI?' Sulaiman asked.
Sulaiman also referred to several news sources such as the national news agency Bernama, the New Straits Times and international wire agency Associated Press (AP) which carried the news reports quoting the prime minister's declaration.
At 4pm, Sulaiman requested that he be allowed to continue elaborating on his objection disputing the certificate of tranfer's validity tomorrow.
Judge Komathy allowed the request. The prosecution's arguments will be heard once the defence completes their submission and after the attorney-general files an affidavit explaining his responsibility to sign the certificate of transfer.
However, this does not signal the end to the long series of objections. The defence may be allowed to rebut the prosecution's objections, Shamsul pointed out.
In the courthouse lobby on the ground floor, Anwar noted that he was "bored by the attitude of the prosecution."
He was earlier observed fidgeting while seated inside the dock, constantly tapping at his BlackBerry mobile phone and turning around to chat with his wife and supporters in the gallery.
Asked to elaborate how he felt at the growing number of delays over his trial which have impacted on his takeover plan, the opposition leader smiled, shrugged and said "there is nothing much to add except to be patient."
Anwar was charged with committing unnatural sexual intercourse with his former aide Mohd Saiful Bukhari Azlan under Section 377B of the Penal Code on Aug 7. If convicted, he faces up to 20 years' imprisonment.
UPDATED
By Debra Chong
KUALA LUMPUR, Oct 7 — Datuk Seri Anwar Ibrahim will have to wait until tomorrow at least to find out if his Sodomy II trial will be heard in the Sessions Court here or transferred to the High Court.
This morning, Sessions Court judge S.M. Komathy Suppiah dismissed the prosecution's preliminary objection, filed at the last court hearing on Sept 24, stating that the lower court judge had no authority to hear the defence's objections to the transfer.
She also dismissed the prosecution's application for a stay for a higher court to revise her decision on the preliminary objection.
"The crux of the matter now is whether the certificate of transfer is valid or not," junior deputy public prosecutor Shamsul Sulaiman told The Malaysian Insider.
Anwar's trial has been fraught with all sorts of technical objections since Day 1 when the prosecution, led by senior DPP Datuk Yusof Zainal Abiden, filed an application to transfer the case to the KL High Court, on the grounds that the case held significant public interest.
In turn, Anwar's defence team, led by Sulaiman Abdullah, challenged the prosecution's application on grounds that the certificate for transfer had been signed by the Attorney-General Tan Sri Abdul Gani Patail, who had been told by the prime minister not to get involved in any way with the case.
After a lengthy debate today between the two parties, Komathy decided on a short recess and summoned them to her chambers.
Upon her return at 12.32pm, she announced that she would hear the defence's arguments against the validity of the certificate of transfer signed by Gani Patail after lunch.
When court resumed at 2.44pm, Sulaiman took to the floor and submitted that the certificate was invalid because it bore the signature of Gani Patail who had been publicly disqualified from getting involved in the case by no less than the prime minister himself.
He brought up Anwar's recent affidavit, filed on Sept 9 this year against Gani Patail, whom he claimed had planted false evidence in his Sodomy I trial 10 years ago, to show "there is bad blood between the A-G and DSAI" as Anwar was referred to in the above-mentioned affidavit.
"Can the court clearly say that the A-G is free from any malice against DSAI?' Sulaiman asked.
Sulaiman also referred to several news sources such as the national news agency Bernama, the New Straits Times and international wire agency Associated Press (AP) which carried the news reports quoting the prime minister's declaration.
At 4pm, Sulaiman requested that he be allowed to continue elaborating on his objection disputing the certificate of tranfer's validity tomorrow.
Judge Komathy allowed the request. The prosecution's arguments will be heard once the defence completes their submission and after the attorney-general files an affidavit explaining his responsibility to sign the certificate of transfer.
However, this does not signal the end to the long series of objections. The defence may be allowed to rebut the prosecution's objections, Shamsul pointed out.
In the courthouse lobby on the ground floor, Anwar noted that he was "bored by the attitude of the prosecution."
He was earlier observed fidgeting while seated inside the dock, constantly tapping at his BlackBerry mobile phone and turning around to chat with his wife and supporters in the gallery.
Asked to elaborate how he felt at the growing number of delays over his trial which have impacted on his takeover plan, the opposition leader smiled, shrugged and said "there is nothing much to add except to be patient."
Anwar was charged with committing unnatural sexual intercourse with his former aide Mohd Saiful Bukhari Azlan under Section 377B of the Penal Code on Aug 7. If convicted, he faces up to 20 years' imprisonment.
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