Court of Appeal rejects prosecution’s objectionCOMING SOON SODOMY2 DIRECTED BY RASAMAH

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readmoreCOMING SOON SODOMY2 DIRECTED BY RASAMAH THE FIRST LADY MAIN ACTOR SADOMY SKINHEAD ANAK ALBAH KASAM

Court of Appeal rejects prosecution’s objection

by Hafiz Yatim@www.malaysiakini.com

Opposition Leader Anwar Ibrahim’s appeal against the transfer of his case from the Sessions Court to the High Court kicked off at the Court of Appeal with a preliminary objection raised by the prosecution. The appellate court, however, dismissed the objection and fixed for the appeal to be heard tomorrow.

The appeal started before a three-member panel – Court of Appeal justices Abdull Hamid Embong, Abu Samah Nordin and Jeffery Tan Kok Wha – at 2.30pm with an objection raised by Solicitor-General II Yusof Zainal Abiden. Yusof argued that the transfer of the case was not appealable as the trial proper has not started at the High Court stage.

“If there is judgment, sentence or order by the court then it is appealable.In this case the decision to transfer from the Sessions Court to High Court was just procedural as the trial has yet to start,” said Yusof.

After hearing submissions from both Yusof and Anwar’s lawyers led by Sulaiman Abdullah, justice Abdull Hamid dismissed the objection raised by the prosecution and set for the merits of Anwar’s appeal to be heard tomorrow.

Anwar is appealing against the High Court decision on March 5 which reversed the Sessions Court’s decision to retain his sodomy trial at the Sessions Court.

Anwar, 62, is charged with sodomising his former aide, 23-year-old Mohamad Saiful Bukhari Azlan, at Unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26 last year. The case is fixed for trial on July 8 before Justice Mohamad Zabidin Mohd Diah. Anwar has also filed an application to strike out the case and that application will be heard on July 8 as well.

Anwar is cautiously optimistic

The politician’s appeal is based on his challenge on the validity of the transfer certificate signed by Attorney-General Abdul Gani Patail. Anwar had claimed that Abdul Gani could not sign the document because he was still under investigation by the Malaysian Anti-Corruption Commission in connection with Anwar’s police report on the “black eye” incident.

The Court of Appeal today also allowed an application by Sulaiman for a stay of proceedings at the High Court tomorrow pending the disposal of this appeal.

The High Court is slated to hear tomorrow Anwar’s application to get further documents from the prosecution in the sodomy trial.

Commenting on the outcome today, Anwar said he was “cautiously optimistic” with his appeal application. He also noted that the judges hearing the appeal have a clean and unblemished record.

Prosecution would be crying foul

Justice Abdull Hamid, in making the order after a 45-minute break, said he and his colleagues had a hearty discussion on the issue. Abdull Hamid then painted a scenario for the prosecution if it were unsuccessful at both stages – where the Sessions Court decided that the matter be heard in the High Court, and then the High Court upheld its decision that the trial be maintained at the lower court (Sessions Court).

“The prosecution would arrive at the Court of Appeal to appeal the decision and Haji Sulaiman would raise the same argument by virtue of Section 3 of the CJA that the matter is not appealeable.

“That would close the door on the public prosecutor (to appeal) if the situation were reversed. You would be crying foul at Anwar’s forum as you (prosecution) would all feel the attorney general’s certificate of transfer was valid.”

Hence, Justice Abdull Hamid said it certainly would not be right for it to be interpreted within the realm of “decision” as claimed by the prosecution. “The prosecution’s preliminary objection is thus over ruled and this court would hear the merits of the case tomorrow,” he said.

Justice Abdull Hamid also told the court the decision was unanimous and allowed Sulaiman’s application for a stay.

Limit submissions tomorrow

Justice Abdull Hamid then reminded all parties to limit their scope of submissions as the judges were well aware of the background of the case. He instructed the parties to focus their submissions on three key issues:-

* Legitmate expectation i.e. – the assurance made by Abdullah over the minimal involvement of Abdul Gani;

* Doctrine of necessity – whether it was necessary to transfer the case from the Sessions Court to the High Court;

* Question of bias – perception of bias in Abdul Gani signing the certificate of transfer.