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Anwar sodomy case: Court has jurisdiction to hear objections

Posted by St Low

Tuesday, 07 October 2008 13:15

Found in The Star posted at 12:59:15 PM

KUALA LUMPUR: The Sessions Court here on Tuesday ruled that it had the discretion to order the transfer of Datuk Seri Anwar Ibrahim’s sodomy case to the High Court for trial.

Judge S.M.Komathy Suppiah said the Sessions Court had jurisdiction to ascertain the validity of the transfer certificate signed by Attorney-General Tan Sri Abdul Gani Patail.

Komathy made the ruling after the defence objected to the transfer, questioning the validity of the certificate as it was signed by Abdul Gani who is under investigation by the Anti-Corruption Agency (ACA).

The prosecution had argued that Abdul Gani, being the Attorney-General, was duty-bound to sign the certificate as an administrative procedure.

After the lunch break, Komathy will hear submissions by the defence on why the case should not be transferred to the High Court.

Anwar had lodged a police report against Abdul Gani over allegations of fabrication of evidence in Anwar’s “black eye” incident in 1998.

Anwar, 60, is charged with voluntarily committing carnal intercourse against the order of nature with his former aide, Mohamad Saiful Bukhari Azlan, 23, at Unit 1151, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26.

If convicted, the PKR adviser faces a maximum 20 years jail under Section 377B of the Penal Code which also provides for whipping but it only applies to persons below the age of 50.

Anwar is free on a personal bond of RM20,000 without surety.

- Bernama

Comments (10) Add Comment

...
written by indianputra, October 07, 2008 13:41:39

Will somebody please explain " The Sessions Court here on Tuesday ruled that it had the discretion to order the transfer of Datuk Seri Anwar Ibrahim’s sodomy case to the High Court for trial.".

I thought Komathy said that she can continue hearing Anwar's case instead of transferring it to the High Court!

report abuse

disagree 2

agree 8

Votes: +6

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written by ahmadneil, October 07, 2008 13:50:42

There is no Sodomy 2.They just want to discredit Anwar to prevent him from gaining power.Najis is behind pulling strings.

report abuse

disagree 0

agree 22

Votes: +22

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written by chezzter, October 07, 2008 14:02:16

At the moment the various updated reports of the case are confusing. What is happening?

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agree 4

Votes: +4

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written by shangrilapeace, October 07, 2008 14:13:21

Relax friends, this is The Star. Twinkling here, there and everywhere.
Take with a pinch of salt.

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disagree 0

agree 5

Votes: +5

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written by Iskandar11, October 07, 2008 14:21:14

People this is what is happening in plain english

1. Prosecution earlier says that Judge Komathy has no jurisdiction to deny the case to be transferred to High Court. For this issue, the Judge today decided that she does have the right to hear whether or not the case should be transferred and there is no such thing as "direct-transfer" to high court as requested by the prosecution team.

2. Today she will hear on what the defence team has to say against the transfer. Tomorrow she will get to hear what the prosecution team has to say about the transfer.

3. Tomorrow after listening to both arguments, she will decide whether there will be a transfer to high court or not.

report abuse

disagree 2

agree 17

Votes: +15

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written by ROBERTNGTG, October 07, 2008 14:26:13

LET'S HOPE BY TOMORROW, THE JUDGE WONT GET ANY MIDNIGHT CALLS TO CHANGE HER MIND.

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disagree 0

agree 15

Votes: +15

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written by farah, October 07, 2008 15:12:57

Judge SM Komathy, you made us 'smiled', please we need to continue smiling.
Thanking you in afvance.

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agree 9

Votes: +9

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written by farah, October 07, 2008 15:13:53

sorry, 'advance'

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agree 1

Votes: +0

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written by elmo world, October 07, 2008 18:26:27

God bless u NAJIS!

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agree 1

Votes: +1

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written by elmo world, October 07, 2008 18:28:00

God bLess u SAIFUL!

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agree 1

Votes: +1

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