Court to rule on venue dispute in sodomy trial

Written by Chua Sue-Ann, The Edge

The Court of Appeal will decide Thursday whether Datuk Seri Anwar Ibrahim's sodomy trial would be heard at the Kuala Lumpur High Court or be transferred back to the Sessions Court.

Anwar was disputing the transfer certificate issued by Attorney-General (AG) Tan Sri Abdul Gani Patail under Section 418a of the Criminal Procedure Code on grounds that there was legitimate expectation that the latter would not participate in the sodomy case.

A three-member bench comprising Court of Appeal judges Datuk Abdull Hamid Embong, Datuk Abu Samah Nordin and Datuk Jeffrey Tan today heard submissions on the transfer certificate issued by the AG for the trial be moved from the Sessions Court to the High Court.

Anwar's lead counsel Sulaiman Abdullah submitted that there was legitimate expectations by Anwar and the public that Abdul Gani would not partake in the case following public assurance by the former Prime Minister Tun Abdullah Ahmad Badawi.

Sulaiman said Anwar had levelled various allegations against Abdul Gani, including the concealing and fabricating of evidence, in relation to Anwar's assault case in 1998.

Abdul Gani had not made any public denial of the accusations nor filed any affidavit rebutting Anwar's claims, Sulaiman told the court.

Sulaiman also submitted that there was the issue of perceived bias on the part of the AG.

"The AG should also be automatically disqualified on grounds of conflict of interest," Sulaiman said.

According to Sulaiman, there were other legal avenues available to the public prosecutor to transfer the sodomy trial without necessitating the involvement of the AG.

Meanwhile, Solicitor-General II Datuk Mohd Yusof Zainal Abidin sought to defend the Kuala Lumpur High Court decision to transfer the case, saying that the Sessions Court had no jurisdiction to rule on whether the transfer certificate was valid.

On March 5, High Court Judge Datuk Mohamad Zabidin Mohd Diah revised Sessions Court Judge SM Komathy Suppiah's Nov 7, 2008 decision to hear Anwar’s sodomy case.

Mohd Yusof also submitted that Abdullah's promise was not binding on the AG.

"The Prime Minister cannot be seen to make a promise to the public or individuals expecting the AG to disregard his functions as provided by law," Mohd Yusof said.

On arguments of perceived bias by Abdul Gani, Mohd Yusof said the issue "has no relevance" as it would only apply on judicial functions in matters involving two parties.

However, Sulaiman rebutted, saying: "Natural justice principles must encompass the rule against bias."

Sulaiman also said there were no special reasons given for the sodomy trial's transfer from the Sessions Court to the High Court, which are both housed on different floors of the Jalan Duta Court Complex.

The reasons stated include better crowd control for Anwar's supporters attending the hearing, that the case attracts great international attention and that Anwar was the opposition leader as well as member of parliament for Permatang Pauh.

Meanwhile, during a separate mention earlier today, the Kuala Lumpur High Court postponed to Friday the hearing of Anwar's application for prosecution to furnish him with evidence and documents ahead of the sodomy trial.

The High Court on July 8 first will hear Anwar's application to strike out the sodomy charge.

Meanwhile, the trial proper was scheduled from July 8 to 24 depending on the outcome of the strike-out request.

The former deputy prime minister pleaded not guilty when charged with sodomising his former aide Mohd Saiful Bukhari Azlan in Bukit Damansara on June 26 last year.