JUDGMENT

Mohd Nazlan Ghazali J:

Introduction

[1] These are two separate applications filed by the prosecution pursuant to s 417 of the Criminal Procedure Code ("the CPC ") for an order that each of the cases against the two accused persons which were registered at the Kuala Lumpur Sessions Court as Arrest Case No: WA-44-232-09/2019 and WA-44-233-09/2019 respectively be transferred to and heard before the High Court of Malaya in Kuala Lumpur.

[2] The two applications were as agreed by parties to be heard together because the basis for the transfer is almost identical and also since these cases had been ordered to be jointly tried without objection. The two cases incidentally involve accused persons who are brothers, one allegedly abetting the other.

[3] At the conclusion of the hearing, and despite the accused persons as the respondents herein having no objection to these applications, I dismissed both applications, and highlighted the primary reasons for the same. This judgment contains the full reasons for my decision.

Key Background Facts

[4] On 16 January 2019, the first respondent was at the Kuala Lumpur Sessions Court charged with three charges under s 16(a)(A) of the Malaysian An