Sodomy trial transfer: Court hears objections from Anwar

PKR leader Anwar Ibrahim is back in court for his sodomy trial today.

MCPX

Sessions judge SM Komathy Suppiah is hearing arguments from both sides on whether the trial should not be transferred to the High Court as requested by the prosecution.

In the last sitting on Oct 7, Komathy had dismissed a preliminary objection raised by the prosecution that she had no jurisdiction to hear the defence team's argument against the transfer.

The prosecution, led by Mohd Yusof Zainal Abiden, had argued that the judge "had no choice" but to transfer the case to the higher court.

Komathy however ruled that she had the jurisdiction and allowed the defence team to make their submissions. Anwar's lawyer Sulaiman Abdullah continued his submissions this morning and this was followed by Mohd Yusof.

The court is not expected to make a decision on the matter today.

Anwar's objection to the transfer is due to the transfer certificate being signed by attorney-general Abdul Gani Patail.

This objection was on the basis that the AG should not have played any role in this case as he was being investigated following a complaint that he had allegedly tampered with evidence in Anwar's trials 10 years ago.

The defence lawyers based their objection on a statement made by Prime Minister Abdullah Ahmad Badawi who assured that the AG would not be involved in the latest sodomy case.

Defence submits affidavit from Wan Azizah

This morning Sulaiman also tendered an affidavit by Anwar's wife Dr Wan Azizah Wan Ismail which stated that she was given an undertaking by Prime Minister Abdullah Ahmad Badawi that the sodomy trial would be conducted in a proper manner.

In her affidavit, Wan Azizah said the premier gave her this assurance in response to her worries on the possible involvement of Abdul Gani and police chief Musa Hassan in the case.

She said that as a result of that assurance, she had a legitimate expectation on Abdul Gani's non-involvement in the case. She said she was disappointed when Abdul Gani had signed the transfer order.

Anwar had claimed trial on Aug 7 when charged with sodomising his former aide, 23-year-old Mohd Saiful Bukhari Azlan.

If convicted, he could face a 20-year jail term. He is currently out on a RM20,000 personal bond.