SHAH ALAM: The High Court has set Feb 1 to hear Kedah menteri besar Sanusi Nor’s application to have his sedition case transferred from the sessions court in Selayang.
During case management today, Justice Aslam Zainuddin also ordered Sanusi, who was present in court, to file an affidavit in reply by Jan 29.
The early hearing date for the application was set at the request of the prosecution as the trial is scheduled to commence at the sessions court on Feb 5.
Earlier, lawyer Hasshahari Johari Mawi asked the court to allow Sanusi two weeks to file his affidavit.
However, deputy public prosecutor Masri Daud objected, saying only a short response was necessary.
“They cannot delay the trial. One week should be sufficient,” said Masri, who was assisted by deputy public prosecutors Abdul Malik Ayob and Nor Azizah Alang.
In the prosecution’s affidavit opposing the transfer, Masri said the case did not involve complex questions of law as claimed by Sanusi.
“There are case laws to support the contention that a sessions court judge is competent to conduct the trial,” the filing added.
Masri, who is the deputy head of the prosecution division in the attorney-general’s chambers, also said it was not in the interest of justice that the case be transferred, especially since the sessions court judge has already scheduled it for trial.
He said Sanusi had also failed to provide cogent reasons for the High Court to exercise its discretion to order the transfer.
In an earlier affidavit, Sanusi claimed that the case should be heard by a High Court judge since difficult questions of law are expected to emerge in the court of trial.
Sanusi is facing trial over statements he allegedly made about the royalty.
According to the amended charge sheet, the Perikatan Nasional election director faces two charges under Section 4(1)(b) of the Sedition Act 1948.
He is alleged to have committed the offences at Simpang Empat in Taman Selayang Mutiara, Gombak, Selangor, on July 11.
If convicted, he is liable to a fine of up to RM5,000, a jail term not exceeding three years, or both.
Sessions court judge Nor Rajiah Mat Zin has fixed 12 hearing days between Feb 5 and March 18 for the trial.
