SELAYANG – The prosecution team at the sessions court here today objected to Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor’s application to suspend his upcoming trial pending the outcome of his application.
The latest move comes as the Jeneri assemblyman had earlier filed an application to transfer the trial from the Selayang sessions court to the Shah Alam High Court.
Deputy public prosecutor Datuk Masri Mohd Daud told the court that the filing of the motion by Sanusi on January 11 was clearly an afterthought and only intended to delay the trial.
He said the application was made after the trial dates had been agreed upon by the prosecution and Sanusi’s defence team.
“From the time the accused (Sanusi) was charged in the sessions court on July 18, 2023, until the filing of the motion on January 11, no applications for the transfer of the case were filed during that period.
“There were no actions taken by the accused in the last six months. The filing, which was made at the last minute when the case was nearing its trial dates, clearly shows the accused’s intention to deliberately delay the trial.
“This move does not respect the trial dates, which were previously agreed upon by both parties,” he said.
Sanusi, who is also Perikatan Nasional election director, is facing two charges for allegedly making seditious remarks about the appointment of Selangor’s menteri besar and the formation of the unity government on July 11, 2023, at 11pm at Simpang 4, Taman Selayang Mutiara, Kg Bendahara, Gombak.
The charges are filed under Section 4(1)(b) of the Sedition Act 1948 (Act 15), which carries a maximum penalty involving a fine not exceeding RM5,000 or imprisonment for up to three years, or both, upon conviction.
The application was made according to Section 417 (1) (a), (b) and (e) of the Criminal Procedure Code on the grounds that a reasonable and fair trial could not be conducted in any lower court than the high court.
The matter was stated through a motion filed by the law firm, Messrs Hasshahari & Partners, in the high court last Monday.
Previously, the sessions court set 12 days, including today and tomorrow, in addition to February 5, 8, 9, 12, 13, 15, 16, 19, 22, and 23 for the trial of Sanusi’s case.
Sanusi, 50, however, was not present during today’s hearing.
Additionally, Masri said the trial for the case should not be delayed given Sanusi’s status as a state leader, which will certainly attract public interest nationwide.
“This is given that the case touches on the Yang di-Pertuan Agong and the Malay rulers in the country.
“As such, there is no reasonable excuse for the trial of this case to be delayed at the sessions court,” he added.
Meanwhile, Sanusi’s counsel, Awang Armadajaya Awang Mahmud, said the filing of the motion was made following the study of documents provided by the prosecution.
“”The document is, among other things, related to the decree by the Sultan of Selangor and some case facts that are not random because they involve the menteri besar and royal institution.
“The motion touches on the core of justice so that the high court can conduct independent proceedings with matters that may arise later.
“The reason why the application was made is not trivial or petty but it touches on the principle of justice in a criminal trial,” he said.
Following submissions by both parties, sessions judge Nor Rajiah Mat Zin set February 2 for the decision on the application filed by Sanusi’s defence team.
“The accused is exempted from attending the proceedings on that date (February 2), while additional trial dates will be set on March 11, 15 and 18.
“The trial date on February 12 will be vacated due to the replacement of the public holiday in conjunction with Chinese New Year,” she added. – January 18, 2024