The High Court will decide next Thursday on an application from the prosecution to review a decision by the Sessions Court not to transfer Anwar Ibrahim's sodomy case to the High Court.

sulaiman abdullah Justice Mohamad Zabidin Md Diah made the decision after hearing submissions from Anwar's lead counsel Sulaiman Abdullah, along with Amer Hamzah Arshad, and solicitor-general II, Yusof Zainal Abiden.

"I will need some time to decide on the issue following the lengthy submissions made," Zabidin said.

The prosecution had filed an application for revision after Sessions Court judge SM Komathy Suppiah ruled that a certificate signed by Attorney-General Abdul Gani Patail to transfer the case to the High Court was invalid.

She ruled that the case should be heard at the Sessions Court.

Sulaiman, in his submission today said every legal power has legal limits.

"Similarly with section 418A (1) of the Criminal Procedure Code, although it states that the case would be transferred immediately to the High Court on application by the public prosecutor. However, in this case the Attorney General should not be involved at all.

"If this is the scenario, the signed certificate would be deemed defective," said Sulaiman.

The senior counsel said Abdul Gani is not supposed to play any role in the case following the assurance made by Prime Minister Abdullah Ahmad Badawi.

gani patail ghani patail "As the certificate is deemed invalid and inoperative, it could be considered an abuse of the court process," he said, adding the AG was incompetent to sign the certificate of transfer and he had acted beyond his powers in signing it.

Sulaiman said there is also a question of bias following Anwar's allegation that Abdul Gani had hidden certain facts in the ‘black eye' incident and hence there was bad blood between the two.

"AG does not possess an open mind in this case. Under section 418A (1), the AG is using his quasi-judiciary powers in transferring the case to the High Court. But his actions should not be tainted by bias," said Sulaiman.

Administrative role

Meanwhile, solicitor-general II Mohd Yusof Zainal Abiden, who is leading a six-member team of prosecutors, submitted that the AG's role was mainly administrative as he was not involved in the court case.

the charge against anwar ibrahim sodomy allegation trial 070808 "AG did not play a role in the investigations or prosecution of this case. He also claimed that Anwar's allegations on the ‘black eye' incident were merely hearsay and could not be proven," Mohd Yusof said, adding that the Sessions Court had exceeded its powers in deciding to review the certificate to transfer proceedings.

He said sessions judge SM Komathy Suppiah was not allowed to do the revision as the powers to do so lay in the High Court, the Court of Appeal and the Federal Court.

"The Sessions Court has no jurisdiction to hear judicial reviews. Only the superior courts may do so," said Mohd Yusof.

Anwar, who is also Permatang Pauh MP, is charged with sodomising his former aide, Mohd Saiful Bukhari Azlan, 23, at the Desa Damansara condominium some time on June 26, 2008.

If convicted, he could face up to 20 years in jail. He is currently on a personal bond of RM20,000.