The “Bioused Judge” in the ethnic cleansing trial after persistently and insistently wanting to proceed with the trial “at any cost” then told off P.Uthayakumar that he could take the whole day to look at the first one A4 page document. P. Uthayakumar in turn told this “bioused Judge” that she cannot utter those words. That was why he had on many occasions since Monday asked her to recuse herself from hearing the matter. Uthaya said “had this been England the Judge would have discharged herself from the onset”. Uthaya said Justice must not only be done but must manifestly and undoubtedly be seen to be done. And that the public in the public gallery and through the media was “seeing justice being done”. This “bioused Judge” appeared not to be perturbed and said she would proceed anyway. To this Uthaya replied that he was not frightened of UMNO’s jail as he had already served almost 1 ½ years of jail under the ISA and had no regrets. And UMNO is now prosecuting him for the offence he had already served sentence for ie the 1 ½ years ISA jail. This “bioused Judge” said Uthaya has to go to a different forum. Uthaya replied that he has to make his point in this court as if he does not get Justice in a court of law he will never get it anywhere else in Malaysia. He is also prepared to be disbarred from contesting in the next general elections when convicted but would continue his struggle and that the disbarring would not stop him but further fuel his human rights strunggle. In open court he said that this a politically motivated prosecution by UMNO in collaboration with and the Attorney General who was misusing his prosecution powers by instituting this vindictive prosecution under UMNO’s instructions.
At the beginning of this trial despite informing this “bioused Judge” that an appeal has been filed with the Court of Appeal to recuse this Judge and an appeal also for an interim stay of proceedings at the Sessions Court and that an urgent hearing date may be given this afternoon, this “bioused Judge” once again insisted and persisted in proceeding with the trial and called in the first witness, a senior police officer to start testifying. This is unprecedented and despite being brought to her attention that even two days ago in the Teoh Beng Hock case the Magistrets Court had waited for the Court of Appeal’s decision for a stay of proceedings before proceeding with the Magistrets Court proceedings this “boused Judge” went on with the trial irrespective. So much for Justice for a Human Rights Lawyer in the dock. The matter was then adjourned to 15/10/09. P. Uthayakumar’s Lawyers are N. Surendran and M.Manogar.
