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KUALA LUMPUR, MALAYSIA: The High Court will hear on Feb 5 arguments in the sodomy trial of Datuk Seri Anwar Ibrahim to decide whether to revise the Sessions Court's ruling not to transfer the case.
Judge Datuk Mohamad Zabidin Mohd Diah fixed two days to hear submissions after lead defence counsel Sulaiman Abdullah wrote to the court to have the hearing postponed as he was tied up with another case at the Commercial Court.
Zabidin, who was supposed to have heard arguments from both parties yesterday, agreed to the postponement as Sulaiman was not consulted when the date was set.
"I had to postpone it because we did not consult them (defence team) before setting the date.
"The earliest date that is available is in February as I have many part-heard cases involving those still in remand," Zabidin said.
He said the outcome of the revision would determine whether he should hear the appeal filed by the prosecution on Nov 11, the same day they filed the application for revision.
"For revisions, the court is not obliged to hear submissions from both parties, but given the peculiar nature of this case, I will go ahead and hear it."
DPP Datuk Mohd Yusuf Zainal Abiden said he would submit written submissions to the court one week before the hearing next year.
Zabidin also allowed Sulaiman's application to have Anwar excused from attending proceedings during the hearing. Anwar said he hoped the case would be over soon.
"The judge is tied up with many cases and the prosecution's strategy to delay this matter has worked."
The prosecution had filed applications for revision and appeal after judge S.M. Komathy Suppiah ruled that a certificate signed by Attorney-General Tan Sri Abdul Gani Patail to transfer the case to the High Court was invalid.
She ruled that the case should be heard at the Sessions Court.
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