Former senior political secretary to the Prime Minister, Shamsul Iskandar Mohd Akin, has failed in his application to move five corruption charges from the Sessions Court to the High Court.
High Court judge Noor Ruwena Nurdin dismissed the application, ruling that the defence did not meet the required threshold under Section 417 of the Criminal Procedure Code (CPC).
The provision allows criminal cases to be transferred to the High Court only under specific circumstances, including when complex legal issues arise or when it is necessary in the interest of justice.
“As the law on this issue is settled, I see no reason to depart from established judicial precedent, some of which is binding. Accordingly, the application is dismissed,” the judge said.
In his February application, Shamsul’s lawyer Amer Hamzah Arshad argued that the case involved novel legal questions and complex issues that should be determined at High Court level, potentially extending to the Federal Court.
In his supporting affidavit, Shamsul, 51, said the trial would involve matters relating to the approval process for mineral exploration licences in Sabah, along with extensive documentary evidence and multiple witnesses.
He also argued that the complexity of the case warranted High Court oversight to ensure efficient proceedings and to save both time and costs.
Shamsul was first charged on December 4 last year in the Sessions Court with allegedly receiving RM100,000 in cash from businessman Albert Tei as an inducement to help companies linked to Tei secure mineral exploration licences in Sabah.
He also faces charges of receiving RM40,000 in cash, as well as furniture and electrical appliances valued at RM14,580 and RM22,249 respectively, for similar purposes.
The following day, he was separately charged in the Shah Alam Sessions Court with receiving RM64,924 in rent payments, also allegedly linked to assisting companies with licence approvals.
That case was later transferred to the Kuala Lumpur Sessions Court for joint hearing with the earlier charges.
Shamsul was represented by lawyer Amer Hamzah Arshad, while deputy public prosecutor Farah Ezlin Yusop Khan appeared for the prosecution.
