Tuesday, March 10, 2009

Anwar sodomy trial transferred to High Court

The Sessions Court here has transferred Opposition leader Datuk Seri Anwar Ibrahim’s sodomy trial to the High Court with immediate effect.
Sessions Court Judge Rozana Ali Yusoff authorised the transfer despite objections from Anwar’s lawyers, who claimed that it would be more appropriate for Sessions Court judge S.M. Komathy Suppiah, who has been hearing the case, to approve the transfer.
Komathy was however on leave Tuesday.
Anwar’s counsel Sulaiman Abdullah had argued that the case should be transferred by the subordinate court “before which the case is heard.”
However, Rozana said that her court had the authority to move the case, and that there was no prejudice on her part in doing so.
Speaking to reporters after the transfer, Anwar said that the prosecution seemed “bent on pushing this as fast as possible.”
“But I’m not focused on this. I’m focusing on the three by-elections,” he said, referring to the polls for the Batang Ai and Bukit Selambau state seats, and the Bukit Gantang parliamentary seat.
The Election Commission has fixed March 29 as nomination day and polling will be on April 7.
Anwar is on trial for allegedly sodomising his former aide Mohd Saiful Bukhari Azlan in Bukit Damansara on June 26 last year.
His case was brought before the Sessions Court last September and Attorney-General Tan Sri Abdul Gani Patail had soon after signed a transfer certificate to move the trial to the High Court.
Anwar’s lawyers objected to the prosecution’s application, saying that Abdul Gani should be disqualified based on Prime Minister Datuk Seri Abdullah Ahmad Badawi’s assurance that he and Inspector-General of Police Tan Sri Musa Hassan, who had allegedly fabricated evidence in Anwar’s sodomy trial 11 years ago, would not be involved this time around.
On Nov 7, Komathy ruled that the transfer certificate signed by Abdul Gani to move the case from her court to the High Court was invalid.
The prosecution then sought a review at the High Court, which overruled the Sessions Court’s decision last Thursday.
Anwar’s trial will now be heard by High Court Justice Mohamad Zabidin Mohd Diah, who has set hearing for July 1 to 24 this year.
His lawyers had requested for the hearing to begin in July as they had filed an appeal in the Court of Appeal on the High Court’s decision.
When his charge was read out to him Tuesday, Anwar replied: “Saya minta bicara Yang Arif, ini fitnah jahat (I claim trial Your Honour, this is a malicious accusation).”
He later signed a bond of personal recognizance.

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