Judge Mohd Nazlan Mohd Ghazali dismissed the application on grounds that the charges filed against the brothers under the Malaysian Anti-Corruption Commission (MACC) Act and Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amla) do not appear to give rise to novelty in points of law.
“Cases under the MACC Act and Amla are normally heard in the sessions courts throughout the country,” he said, adding that they are no less competent to try the cases in question.
The court also said the prosecution team had only filed the transfer application in September, at which point the lower court had already fixed the trial dates for Azeez and Latiff.
“I fail to see how the fact that the trial is in the Sessions Court would cause any prejudice to the accused persons or the prosecution,” Nazlan said.
Deputy public prosecutor Baizura Kamal had told the court that the cases involve complex legal issues.
“We need to call public figure witnesses such as the former finance minister and prime minister as well as government officials to testify,” she said.
Baizura also said there was no objection to the transfer from the defence team, headed by lawyers M Athimulan and Hisyam Teh.
Meanwhile, at the Sessions Court, judge Azura Alwi fixed Dec 12 for next mention after hearing that the High Court had dismissed the transfer bid.
Deputy public prosecutor Nik Haslinie Hashim said they would appeal against the High Court’s decision.
Azeez, the former Tabung Haji chairman, was slapped in January with three corruption charges amounting to RM5.2 million and nine money laundering charges amounting to RM139.3 million.
He was said to have received RM5.2 million in bribes from Mohammad Redzuan Mohanan Abdullah, the director of Syarikat Menuju Asas Sdn Bhd, in the Klang Valley between December 2010 and April last year.
The money allegedly paid to Azeez was said to be an inducement to allow Menuju Asas to obtain RM842.3 million worth of road upgrade projects in Kedah and Perak through direct negotiations.
The money laundering offences meanwhile were said to have taken place between March 2010 and August last year.
Azeez was accused of receiving RM139.3 million from four companies: Syarikat Menuju Asas, Mangkubumi Sdn Bhd, Pintas Utama Sdn Bhd and AVP Engineering Sdn Bhd.
If found guilty of receiving the bribes, he could face a maximum jail term of 20 years and a fine of up to five times the amount received.
For the money laundering offences, he faces a maximum jail term of 15 years and RM5 million fine if convicted.
Latiff was accused of abetting Azeez on two counts in obtaining a RM4 million bribe, part of the RM5.2 million allegedly received by his brother.