Universiti Malaya law professor Azmi Sharom's sedition trial will continue to be heard at the Kuala Lumpur Sessions Court.

High Court judge Ab Karim Ab Rahman today dismissed Azmi's application to have the case transferred to the High Court.

Lawyer Gobind Singh Deo made the application, citing Section 417 of the Criminal Procedure Code where the High Court has the power to transfer cases where it appears that a fair trial cannot be made at the subordinate court.

However, Justice Ab Karim ruled there were no exceptional circumstances and evidence that Azmi would be subject to an unfair trial.

"Hence, the application (to transfer) is dismissed," ruled the judge.

Gobind tried to apply for a stay as he indicated he will appeal today's decision but Justice Ab Karim refused and asked for Gobind to apply to the Sessions Court.

The Sessions Court has fixed tomorrow for the first day of hearing but Gobind told reporters that he will file a notice of appeal tomorrow and seek a stay.

Azmi is charged with sedition for his comments suggesting that the Perak route be taken to resolve the Selangor imbroglio in 2014.

Gobind had wanted the case to be heard at the High Court for fear that the matter would not be ventilated to the Federal Court for it to decide on Section 3(3) of the Sedition Act 1948 on the need to prove intention.

'Not get a fair trial'

“If the case is heard at the Sessions Court, the matter will end at the Court of Appeal on appeal and the appellate court would not rule on Section 3(3) where my client has no intention to say something seditious but was commenting as an academician,” he said.

“Our concern is that the Court of Appeal would rule that they are bound by the Federal Court's decision in the case regarding Section 3(2) of the Sedition Act following the ruling handed by Chief Justice Arifin Zakaria in the case and if that is the case, our client may not get a fair trial,” he said.

This case, Gobind argued, should be heard at the High Court for his client to have a chance to bring the matter up all the way to the Federal Court.

All accused persons are given two opportunities to appeal and should cases come from the subordinate courts, they end at the Court of Appeal while cases which begin from the High Court would end at the Federal Court, he noted further.

In reply, DPP Suhaimi Ibrahim said the defence will not be prejudiced as they just have to concentrate on what is their defence.