She said the lower court had the power to hear the case.
The decision represents a significant victory for Anwar's defence team.Anwar had objected to the application to transfer the case to the High Court because it was made by the Attorney-General Tan Sri Abdul Gani Patail, who has been accused by Anwar of evidence tampering in an earlier case.
The former deputy prime minister is charged with sodomising his former aide Mohd Saiful Bukhari Azlan.(Bernama) -- The Sessions Court here today ruled that it had the discretion to order the transfer of Datuk Seri Anwar Ibrahim's sodomy case to the High Court for trial.
Judge S. M. Komathy Suppiah said the Sessions Court had jurisdiction to ascertain the validity of the transfer certificate signed by Attorney-General Tan Sri Abdul Gani Patail.
Komathy made the ruling after the defence objected to the transfer, questioning the validity of the certificate as it was signed by Abdul Gani who is under investigation by the Anti-Corruption Agency (ACA).
The prosecution had argued that Abdul Gani, being the attorney-general, was duty-bound to sign the certificate as an administrative procedure.
Anwar had lodged a police report against Abdul Gani over allegations of fabrication of evidence in Anwar's "black eye" incident in 1998.
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, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara between 3.01pm and 4.30pm on June 26.
If convicted, the Parti Keadilan Rakyat (PKR) advisor faces a maximum 20 years jail under Section 377B of the Penal Code which also provides for whipping but it only applies to persons below the age of 50.
Anwar is free on a personal bond of RM20,000 without surety.
For today's court prosiding cronicle detail, click this this link
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