SHAH ALAM: The prosecution in the sedition case of Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Noor objected to the application to transfer the trial from the Selayang Sessions Court to the Shah Alam High Court.
Deputy public prosecutor Datuk Masri Mohd Daud, in his affidavit in reply, said the honourable Sessions Court judge was qualified to preside over the trial.
He said the case does not involve tough, complex or extraordinary questions of law that warranted it to be tried in the High Court.
He added there were case laws that had been decided by the higher court on issues under the Sedition Act 1948 (Act 15).
"The judge is competent and authoritative to handle the criminal trial for cases under the jurisdiction of the Sessions Court, as per the charge against the applicant under Act 15.
"Therefore, it is not in the importance of justice for this case to be transferred to the High Court.
"What more when the case had been set for trial in the Sessions Court.
"I stress that the applicant had failed to present any reasonable cause for this honourable court to use its discretion according to Section 417 of the Criminal Procedure Code to transfer this case to the High Court," he said in the document.
Sanusi, who was dressed in a navy blue suit, arrived at the Sultan Salahuddin Abdul Aziz Court Complex at 9.08am.
The Jeneri state assemblyman, who is facing two sedition charges, had on Jan 15 applied to the Attorney General's Chambers to transfer his case from the Selayang Sessions Court to the Shah Alam High Court.
He was charged with uttering seditious words regarding the appointment of the Selangor Menteri Besar and the establishment of the unity government during a political talk at Simpang 4, Taman Selayang Mutiara-Kampung Bendahara, Gombak near here at 11pm on July 11 last year.
The charges were framed under Section 4(1)(b) of the Act which carries a maximum fine of up to RM5,000 or imprisonment for up to three years or both, if convicted.
Today's case management was held before High Court Judge Datuk Aslam Zainuddin.
Sanusi's defence counsel, Hasshahari Johari Nawi said they had yesterday (Jan 23) received the affidavit in reply from the prosecution via e-mail.
He told the court that they received the hardcopy of the affidavit in reply this morning and they will answer several arising issues to the court for its consideration.
He told the judge that they needed 14-days to reply to the document where they will address several issues of law.
Hasshahari also told the court that it also involved claims by the prosecution that Sanusi was trying to stall the sedition proceedings.
He described such claims as very serious.
To this, Masri said the 14-days application to reply to the affidavit was a move to stall the trial.
He said that the trial dates in the Sessions Court had been repeatedly set and there was no excuse to transfer the case to the High Court.
However, Judge Aslam said it was a simple affidavit from the prosecution who had objected to the application.
He said a one-week period was enough given the prosecution's short affidavit.
He fixed Feb 1 to hear the application.
He also ordered the prosecution and defence to file their submissions before or on Jan 29.
Previously, the Sessions Court had scheduled a 12-day trial on the Feb 5, 8, 9, 13, 15, 16, 19, 22 and 23 as well as March 11,15 and 18.