KUALA LUMPUR: PKR adviser Datuk Seri Anwar Ibrahim will know on Oct 7 if his sodomy case at the Sessions court will be transferred to the High Court.
Sessions Court judge S.M. Komathy Suppiah said she needed two weeks to consider submissions and case laws cited by both parties.
Lead prosecutor Senior Deputy Prosecutor Datuk Mohd Yusof Zainal Abiden argued that it was clear that the subordinate court was mandated to transfer the case to the High Court upon the tendering of a certificate by the Public Prosecutor over the purpose.
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Asked by Justice Komathy if the signing of the certificate by the Attorney-General Tan Sri Abdul Gani Patail would undermine public confidence in the administration of justice, Yusof said the argument did not apply as only Gani could sign.
Justice Komathy further asked why the Prime Minister had said Gani would not be involved in the case earlier.
Yusof said the Prime Minister could have said it to dispel bias or suspicions as Anwar had lodged a police report against Gani earlier and the matter was still being investigated.
At the outset earlier, Yusof, who is the Attorney-General’s Chambers’ head of prosecution, raised a preliminary objection saying that the subordinate court could not be the proper forum to decide over the issues raised in the sodomy case.
He said the Opposition Leader must make a proper application by filing affidavits for the court to consider.
“What kind of ruling does he (Anwar) want the court to do? We could only speculate that he is either seeking a declaration that the certificate is invalid or to quash the decision of the Public Prosecutor in transferring the case to the High Court,” he said.
The Permatang Pauh MP had on Aug 7 claimed trial to sodomising his former aide, Mohd Saiful Bukhari Azlan.
He is accused of committing the offence at Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara, on June 26.
Lead counsel Sulaiman Abdullah contended that the Sessions Court could try the sodomy case and that the court should treat it as though there was no certificate supplied. He argued that the Attorney-General had signed the certificate when he was disqualified.