KUALA LUMPUR: The defence team in Datuk Seri Anwar Ibrahim's sodomy case Wednesday (8 Oct) questioned why the prosecution was very eager to move the case to the High Court for trial.

Anwar's lead counsel, Sulaiman Abdullah also asked the prosecution to give cogent reasons and a further ground into the rationale on its application to transfer the case.

Sulaiman submitted that the Sessions Court had the power to ask these reasons from the prosecution as the court's power of enquiry was not an encroachment of the Attorney-General's power.

"Instead, it is an exercise to protect the sanctity of the court's process and to ensure it is not abused," said Sulaiman.

Sulaiman submitted that when Section 418A was first introduced into the Criminal Procedure Code (CPC), it did not oust the court's power of enquiry either as to the validity or the bona fides in the issuance of the transfer certificate.

Sulaiman said Section 418A did not remove the court's power of ascertaining the validity of the certificate.

"The court may exercise its inherent powers to prevent an abuse of its process, and to do right and undo wrong in the course of the administration of justice," he said.

Sulaiman was submitting on the defence objection on the validity of the transfer certificate signed by Attorney-General Tan Sri Abdul Gani Patail.

Tuesday (7 Oct), the Sessions Court Judge S.M. Komathy Suppiah ruled that it had the discretion to hear submissions on the defence objection questioning the validity of the certificate produced by the prosecution to transfer Anwar's sodomy case to the High Court.

Komathy rejected the preliminary objection by the prosecution which contended that it was mandatory for the Sessions Court, under Section 418A (3) of the Criminal Procedure Code, to transfer the case to the High Court once the transfer certificate had been issued by the prosecution.

Sulaiman will continue his submissions Thursday (9 Oct). (Bernama)