His lawyer, Amer Hamzah Arshad, filed the notice on Feb 4, citing novel legal questions and complex issues that, he argued, warranted determination by the High Court and, ultimately, the Federal Court.
“There are questions and legal issues where exceptional legal difficulties will arise, including matters involving the constitutionality of provisions under the Malaysian Anti-Corruption Commission (MACC) Act 2009.
“These questions can only be determined by the High Court and subsequently by the Federal Court,” the notice said.
In a supporting affidavit, Shamsul, 51, said his trial would involve issues related to the powers and procedures governing the approval of mineral exploration licences in Sabah.
He said the case would involve numerous witnesses, extensive documentary evidence, and complex legal procedures, making the expertise of a High Court judge essential to ensure smooth proceedings and to save time and costs.
Shamsul added that if the trial was conducted in the High Court, parties would have the opportunity to ultimately seek a final determination from the Federal Court, particularly on questions concerning the constitutionality of provisions under the MACC Act and the related legal issues raised.
During case management today, deputy registrar Azizah Jaafar fixed April 9 for the hearing of the transfer application at the High Court before judge Noor Ruwena Nurdin.
On Dec 4 last year, the former Hang Tuah Jaya MP was charged in the sessions court here with accepting RM100,000 in cash from businessman Albert Tei as an inducement to assist companies linked to Tei in securing approval for mineral exploration licences in Sabah.
He was also accused of receiving RM40,000 in cash for the same purpose, as well as furniture and electrical appliances valued at RM14,580 and RM22,249 respectively.
The following day, he was charged in the Shah Alam sessions court with receiving RM64,924 in rental payments from Tei, allegedly as an inducement to assist firms in which Tei had an interest in obtaining the same approvals.
The offences were said to have been committed between Nov 24, 2023 and March 5, 2024.
The Shah Alam case was later transferred to the Kuala Lumpur sessions court to be jointly tried with the earlier charges.