KUALA LUMPUR (Jan 24): The prosecution in Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor’s sedition case maintained there are no complex or novel legal issues that warrants a transfer from the Sessions Court to the High Court.
In seeking the trial to remain and commence at the Sessions Court, Deputy Public Prosecutor Datuk Mohd Masri Daud said the Sessions Court is "competent enough to handle the case, which falls under its jurisdiction".
“This follows there is much case law from the superior courts on the Sedition Act 1948 of which Sanusi is charged,” said Masri in his affidavit in reply.
“Hence, it is not in the interest of justice to transfer the case to the High Court, when the Sessions Court had already fixed hearing dates,” the DPP added.
Mohd Masri said Sanusi had failed to show any reasonable grounds for the case to be transferred to the High Court, and the Sessions Court should dismiss the Kedah MB’s application.
Sanusi had earlier this month filed an application to have his sedition case heard at the High Court, with his lawyers expecting difficult questions of law to emerge during the trial, for which the High Court is better equipped to deal with compared to the lower courts.
They also said that since the alleged seditious remarks were against the Sultan of Selangor and the Yang Di-Pertuan Agong, it was only fit for the High Court to deal with these issues rather than the lower courts.
Sanusi’s trial was initially supposed to begin last Thursday, but had to be deferred to determine his application to shift the trial to the High Court.
The prosecution had objected to Sanusi’s bid to stay the scheduled hearing pending the decision to transfer the case.
Following that, Sessions Court judge Nor Rajiah Mat Zin asked parties to file their affidavits with regards to the stay. Nor Rajiah also fixed Feb 2 to decide whether to grant a stay or proceed with the trial.
Sanusi was charged with two counts of sedition under Section 4(1) of the Sedition Act 1948 for statements he had made.
Both charges accused him of uttering words that had a tendency to incite disloyalty against a ruler, in relation with alleged seditious remarks he had made about the Yang Di-Pertuan Agong and Sultan of Selangor.