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Anwar case: Court to hear objections

Posted by St Low

Tuesday, 07 October 2008 16:05

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

Comments (6) Add Comment

...
written by indianputra, October 07, 2008 16:16:28

The delay tactics used by lawyers for both prosection and defence is really getting tiresome and obnoxious. So much days are wasted on simple matters. Why can't they hear this case in the Sessions Court? Why are they insisting on the High Court. If you are guilty, you are guilty; no matter which court you go to... unless a High Court applies different law compared to a Sessions Court.

Real mind bggling lah!!!!!

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Votes: +16

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written by ahmadneil, October 07, 2008 16:46:38

Throw Anwar case out and bring saiful the rotten ass hole in.He is the one who should be charged for sodomy 2.

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Votes: +32

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written by ibabonma, October 07, 2008 17:05:01

Anwar, 60, is charged with voluntarily committing carnal intercourse against the order of nature with his former aide,..
............................................................................

What? I thought Bodohwi said IT WAS RAPE! Which is which now? You 'mati' Bodohwi, you have to attend court as a witness, including Najis.

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Votes: +22

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written by carribeanking7, October 07, 2008 17:22:06

In laymans terms the good judge has struck out the prosecutions application for the case to be heard in the high court citing section 418A(3) and the certificate signed
by Abdul Gani Patail (a clear case of conflict of interest) exercising her jurisdiction.

She further cited 4 precedents to justify her decision.

She also rejected the head of prosecutions request to stay (or hold) her decision until they can revise their application at the high court.

In short she is saying "no way' her decision stays.

She however allowed for the AG and solicitor general to submit affidavits to show cause why the request by the defence team is unreasonable.
If there is nothing compelling in these affidavits, she is likely to throw them out as well.

She continued to grant Anwar bail.

The prosecution is desperate, knowing that this is a no nonsense judge, and if the defence when trial begins asks for the case to be thrown out
citing insufficient prima facie evidence, this judge is likely to do just that.

Kudos to Judge Komathy, who seems to have the fairness, wisdom and courage of the legendary Justice Bao.

Vijay Kumar Murugavell

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Votes: +35

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written by Fatcat, October 07, 2008 18:56:44

Judge Komanthy, I wish you all the best.

Pity is the virtue of the law, and none but tyrants use it cruelly.

William Shakespeare (1564 - 1616)

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Votes: +13

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written by shangrilapeace, October 07, 2008 22:34:33

Without fear and favor, this firm judge is trying to hold the burning torch high for the session court. Hope the affidavits don't hold water.
God bless and help the judge.

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Votes: +2

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