High Court judge Noor Ruwena Nurdin dismissed the application, saying he fell short of the threshold under Section 417 of the Criminal Procedure Code (CPC).
The provision allows the transfer of a criminal case from a subordinate court to the High Court only on limited grounds, including when it raises complex legal issues or when the interests of justice warrant the transfer.
“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,” she said.
In the application filed in February, Shamsul’s lawyer, Amer Hamzah Arshad, cited novel legal questions and complex issues which he argued warranted determination by the High Court and, ultimately, the Federal Court.
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.
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 rent payments from Tei, allegedly as an inducement to assist firms in which Tei had an interest in obtaining the same approvals.
The Shah Alam case was later transferred to the Kuala Lumpur sessions court to be jointly tried with the earlier charges.
Amer represented Shamsul today while deputy public prosecutor Farah Ezlin Yusop Khan appeared for the prosecution.