ID :
18814
Wed, 09/10/2008 - 15:40
Auther :
Shortlink :
http://m.oananews.org//node/18814
The shortlink copeid
COURT SETS SEPT 24 FOR SUBMISSIONS TO TRANSFER ANWAR'S CASE TO HIGH COURT
KUALA LUMPUR, Sept 10 (Bernama) -- The transfer of Anwar Ibrahim's sodomy case to the High Court for trial has been put on hold following objections by the defence which is challenging the validity of the transfer certificate signed by Attorney-General Abdul Gani Patail.
Sessions Court judge S.M.Komathy Suppiah fixed Sept 24 to hear submissions
on the matter after granting the defence two weeks to do research and
prepare its submission.
Komathy gave the defence time to be fair to them because they were only
informed of the prosecution's intention to apply to transfer the case 10 minutes
before the proceedings began Wednesday.
The judge also gave the same benefit to the prosecution for a more detailed
submission on the matter.
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 11-5-1, Kondominium Desa Damansara, Jalan Setiakasih, Bukit Damansara
between 3.01pm and 4.30pm on June 26.
The People's Justice Party (PKR) advisor and newly appointed Opposition
leader in the Lower House following his victory in the Permatang Pauh
parliamentary by-election faces a maximum penalty 20 years under Section 377B of
the Penal Code if convicted.
The section also provides for liability of whipping but this only applies
to persons below the age of 50. Anwar is free on a personal bond of RM20,000
without surety.
Earlier, his counsel, Sulaiman Abdullah, told the court that it was the
defence stand that there was no necessity for the case to be transferred to the
High Court because Komathy was a capable and experienced judge.
"We have no qualms for the the case to continue before you. You are capable
and have the experience," he told Komathy.
At this juncture, Komathy interjected saying that she has experience of 26
years in the field.
Sulaiman objected when the head of the prosecution unit in the
Attorney-General's Chambers, Mohamed Yusof Zainal Abiden, tendered the
cerficate for transfer of the case under Section 418 of the Criminal Procedure
Code.
Sulaiman said the certificate was signed by Attorney-General Abdul Gani
Patail who was under investigation by the Anti-Corruption Agency (ACA)
following a police report lodged by Anwar over the alleged fabrication of
evidence in Anwar's "black eye" incident in 1998.
"We were informed that Abdul Gani would play no part whatsoever in this
prosecution following the police report made by Anwar against Abdul Gani on
July 1 2008 regarding involvement of Abdul Gani when Anwar was assaulted (Black
Eye incident) in Bukit Aman in 1998," he said.
Sulaiman said that in the report, it was stated that Anwar believed that
the
Inspector-General of Police, Musa Hassan, and Abdul Gani were present in Bukit
Aman and knew about the assault and Anwar also believed that both were also
involved in the second medical report prepared by one Dr Rahman stating that
Anwar's injuries were inconsistent with a direct blow.
In the black eye incident, Anwar was allegedly punched in the eye by former
Inspector-General of Police Rahim Noor in the lock-up in Bukit Aman.
Sulaiman said that as a result of the police report, Abdul Gani was
interviewed by the ACA on July 16 and 21 and ACA decision had yet to be
announced.
Sulaiman submitted that the prime minister had also said that Abdul Gani
would not be involved in anyway in the prosecution of this case.
Komathy said she hoped that the prosecution would not object to the
defence's application for more time to prepare submission, to which Yusof said
the prosecution was objecting but was leaving it to the court to decide.
He said the case was of public interest and was a very high profile case
because it involved Anwar.
Komathy granted Sulaiman's application for time after ruling that there was
no need to rush to transfer the case.
Solicitor-General Idrus Harun, who is leading the prosecution team of six
deputy public prosecutors -- Nordin Hassan, Hanafiah Zakaria, Wong Chiang Kiat,
Farhan Read and Shamsul Sulaiman -- was absent Wednesday.
The defence team comprises of Sulaiman, R.Sivarasa, Sankara N.Nair, Leela
Jesuthasan, Edmund Bon, Saiful Idham Ramli, Amer Hamzah Arshad, Latheefa Koya
and Mohd Radzlan Jalaludin.
-- BERNAMA
Sessions Court judge S.M.Komathy Suppiah fixed Sept 24 to hear submissions
on the matter after granting the defence two weeks to do research and
prepare its submission.
Komathy gave the defence time to be fair to them because they were only
informed of the prosecution's intention to apply to transfer the case 10 minutes
before the proceedings began Wednesday.
The judge also gave the same benefit to the prosecution for a more detailed
submission on the matter.
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 11-5-1, Kondominium Desa Damansara, Jalan Setiakasih, Bukit Damansara
between 3.01pm and 4.30pm on June 26.
The People's Justice Party (PKR) advisor and newly appointed Opposition
leader in the Lower House following his victory in the Permatang Pauh
parliamentary by-election faces a maximum penalty 20 years under Section 377B of
the Penal Code if convicted.
The section also provides for liability of whipping but this only applies
to persons below the age of 50. Anwar is free on a personal bond of RM20,000
without surety.
Earlier, his counsel, Sulaiman Abdullah, told the court that it was the
defence stand that there was no necessity for the case to be transferred to the
High Court because Komathy was a capable and experienced judge.
"We have no qualms for the the case to continue before you. You are capable
and have the experience," he told Komathy.
At this juncture, Komathy interjected saying that she has experience of 26
years in the field.
Sulaiman objected when the head of the prosecution unit in the
Attorney-General's Chambers, Mohamed Yusof Zainal Abiden, tendered the
cerficate for transfer of the case under Section 418 of the Criminal Procedure
Code.
Sulaiman said the certificate was signed by Attorney-General Abdul Gani
Patail who was under investigation by the Anti-Corruption Agency (ACA)
following a police report lodged by Anwar over the alleged fabrication of
evidence in Anwar's "black eye" incident in 1998.
"We were informed that Abdul Gani would play no part whatsoever in this
prosecution following the police report made by Anwar against Abdul Gani on
July 1 2008 regarding involvement of Abdul Gani when Anwar was assaulted (Black
Eye incident) in Bukit Aman in 1998," he said.
Sulaiman said that in the report, it was stated that Anwar believed that
the
Inspector-General of Police, Musa Hassan, and Abdul Gani were present in Bukit
Aman and knew about the assault and Anwar also believed that both were also
involved in the second medical report prepared by one Dr Rahman stating that
Anwar's injuries were inconsistent with a direct blow.
In the black eye incident, Anwar was allegedly punched in the eye by former
Inspector-General of Police Rahim Noor in the lock-up in Bukit Aman.
Sulaiman said that as a result of the police report, Abdul Gani was
interviewed by the ACA on July 16 and 21 and ACA decision had yet to be
announced.
Sulaiman submitted that the prime minister had also said that Abdul Gani
would not be involved in anyway in the prosecution of this case.
Komathy said she hoped that the prosecution would not object to the
defence's application for more time to prepare submission, to which Yusof said
the prosecution was objecting but was leaving it to the court to decide.
He said the case was of public interest and was a very high profile case
because it involved Anwar.
Komathy granted Sulaiman's application for time after ruling that there was
no need to rush to transfer the case.
Solicitor-General Idrus Harun, who is leading the prosecution team of six
deputy public prosecutors -- Nordin Hassan, Hanafiah Zakaria, Wong Chiang Kiat,
Farhan Read and Shamsul Sulaiman -- was absent Wednesday.
The defence team comprises of Sulaiman, R.Sivarasa, Sankara N.Nair, Leela
Jesuthasan, Edmund Bon, Saiful Idham Ramli, Amer Hamzah Arshad, Latheefa Koya
and Mohd Radzlan Jalaludin.
-- BERNAMA
