KUALA LUMPUR: The Sessions Court here on Tuesday ruled that it had the discretion to hear submissions on the defence objection questioning the validity of the certificate produced by the prosecution to transfer Datuk Seri Anwar Ibrahim’s sodomy case to the High Court.

Judge S.M.Komathy Suppiah rejected the preliminary objection by the prosecution which contended that it was mandatory for the Sessions Court, under Section 418A (3) of the Criminal Procedure Code, to transfer the case to the High Court once the transfer certificate had been issued by the prosecution.

She made the decision based on four cases, including the corruption case of former Sawit Kinabalu Group managing director Datuk Wasli Mohamad Said where it was held that the Sessions Court had the jurisdiction to determine the validity of the transfer certificate in question.

She also denied the application by Datuk Mohamed Yusof Zainal Abiden, head of the prosecution unit in the Attorney-General’s Chambers, for a stay of execution of her decision pending the prosecution’s filing for revision at the High Court.

However, Komathy granted the prosecution’s application for Attorney-General Tan Sri Gani Patail and Solicitor-General Datuk Idrus Harun to file affidavits to support its (prosecution) submission on the defence objection.

Komathy then adjourned to 2.30pm to hear submissions.

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.

The PKR adviser and Opposition leader faces a maximum penalty 20 years under Section 377B of the Penal Code if convicted but will not face whipping as he is above 50.

Anwar is free on a personal bond of RM20,000 without surety. The defence team comprised Sulaiman Abdullah, Sankara N.Nair, Leela Jesuthasan, Edmund Bon, Saiful Idham Ramli, Amer Hamzah Arshad, Latheefa Koya and Mohd Radzlan Jalaludin.

Mohamed Yusof, Datuk Nordin Hassan, Mohamad Hanafiah Zakaria, Wong Chiang Kiat and Shamsul Sulaiman were the prosecution’s team.

- Bernama

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