- The High Court here today ruled that Opposition Leader Datuk Seri Anwar Ibrahim, who is charged with sodomy for the second time in his life, must face trial in the High Court and not the Sessions Court.
High Court judge Datuk Mohamad Zabidin Mohd Diah set aside the order made by Sessions Court judge S.M. Komathy Suppiah last October ruling that a certificate of transfer signed by the Attorney General (AG) Tan Sri Abdul Gani Patail is invalid.
"It is my humble view that the learned Session Court judge had erred when she found the certificate under Section 418A tendered by the prosecution to be invalid," he ruled, noting that Justice Komathy had acted beyond her powers in making that order.
"Any misgiving about the validity of the certificate can be raised at the High Court. It cannot be the basis for the Sessions Court to withhold the transfer of the case to the High Court," he added.
Justice Mohamad Zabidin noted there was no basis to the crux of the defence's arguments against holding the Sodomy II trial in the High Court simply because the public prosecutor (PP) who signed the certificate of transfer is the Attorney-General, Abdul Gani, who is alleged to have a personal grudge against Anwar.
"When the PP issued the certificate under Section 418A to transfer the case from Sessions Court to High Court he was not adjudicating disputes between parties.
"He was merely performing an administrative function involving the exercise of his discretionary power, which under Section 418A, has to be exercised by him personally," he explained.
The judge pointed out there was no difference in the application of the laws, whether in the lower court or the high court.
"In other words, would by having the case heard in High Court result in YB Datuk Seri Anwar not getting a fair trial and would he be victimised? The answer is definitely no," said Justice Mohamad Zabidin.
He fixed Tuesday for the Sessions Court to make the formal transfer of the case to the High Court.
He pointed out that Anwar, who was not present in court today for the ruling, must attend the transfer hearing in the Sessions Court as he is the accused.
Anwar's lawyer, Sankara Nair, told reporters he would file an appeal against the High Court's decision at the Court of Appeal in Putrajaya tomorrow.
Asked if the decision was a setback, Sankara replied in the negative.
"It's not a setback but it is disappointing though," he said, noting the defence had been confident Anwar's trial would be sent back to the Sessions Court.
Anwar faces a maximum of 20 years' jail if convicted. The 61-year-old Permatang Pauh MP who was also a former deputy prime minister was charged with sodomising a former aide, Mohd Saiful Bukhari Azlan, 23, last year.
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