P.Uthayakumar’s ethnic cleansing trial started today at 9.35 a.m with the continued Cross Examination of DCP Akhril Sani, the then Deputy CID Chief of Bukit Aman.
Even before P.Uthayakumar could finish his line of questioning, the Judge had ruled that his question was not relevant and another open argument and raising of voices.
The biased Judge was again trying to be difficult today but P.Uthayakumar told her off once again not to make it “too obvious”. This was followed by a staring match for a long 20 seconds after which the Judge told him to go on when.
During Cross Examination the incompetency, dishonesty and credibility of this very senior police officer DCP Akhril Sani and the Royal Malay-sian Police Force became very obvious when he
1) This police DCP testified that Exhibit P1 at page 1 was the picture of a dead man and his shirt was bleeding when he only produced a black white picture and never bothered to print a colour copy of the picture. When asked to point out the red blood that he had earlier testified on the black and white picture he could not answer.
2) A reporter had allegedly called him on 25/11/07 and told him of the posting in the Policewatch Malaysia website but he could not remember the name of the reporter, which press he was from ie English, Tamil, Chinese or Malay, his telephone number, he never lodged a police report even though he agreed that the allegation in the website was serious. P.Uthayakumar put it to him that the reporter never existed and that this police DCP was lying.
3) He does not remember who the CPO of KL was two years ago on 25/11/07.
4) Agreed that one person named Murugaiyah a/l Ratnam (65) was killed at the 25th November 2007 Hindraf peaceful assembly but the biased Judge disallowed P.Uthayakumar application for the police DCP to verify and confirm the Burial Certificate that was marked as “IDD-2”
5) Initially testified that he had never heard of the policewatchmalaysia website until 25/11/07 although he later agreed that this website criticizes the police force and UMNO.
6) Operasi Padam (wipe out) Hindraf was launched but led by the Special Branch. He agreed that under OPS Padam Hindraf, Hindraf was successfully declared unlawful in early 2008.
7) To a question that one ASP Vasanthakumar from the Police Special Branch E3 Division under the operational warfare was appointed and had been declared Hindraf leader by the IGP Tan Sri Musa Hassan on 13/12/07 and not by the Hindraf Chairman or its members when he was “strategically” arrested and detained together with the other four Hindraf lawyers, he agreed to the same.
The learned Judge disallowed P.Uthayakumar’s application for the police list of Indian victims shot dead and killed by police and death in police custody although the same was specifically referred to in the charge sheet
9) The learned DPP Noorin Badaruddin said that the request was a fishing expedition. P.Uthayakumar replied that the Attorney General (AG) should not have prosecuted P.Uthayakumar in the first place if they are not prepared to make public this shooting to kill list listing out all the Indian victims
10) This DPP Noorin submitted that even if a statement was true P.Uthayakumar has committed Sedition by saying it. To this P.Uthayakumar replied that by virtue of Article 145 of the Federal Constitution the A.G should have to act in the general public interest which includes not wrongly convicting P.Uthayakumar.
P.Uthayakumar remarked that the we are not in Zimbabwe where it would be all right if Robert Mugabe had instructed his DPP to this effect but in Malaysia justice the rule of law has to prevail.
11) Lawyer N.Surendran however clarified that by virtue of Section 3(2) (a) of the Sedition Act if the intention is to point out an error of defects of the state or a fair comment then it is justified and not Sedition. And that this P.Uthayakumar’s prosecution is done with mala fide and is politically motivated. That the DPP’s submission is that even if P.Uthayakumar spoke the truth, he is to be sent to jail anyway is not in the interest of Justice. He cannot be punished for speaking the truth. “This is not only the law but also common sense”.
12) The other assisting lawyer Charles Hector submitted that the witness cannot remember and should be given the opportunity to show the court this list of Indians shot dead and killed by the police.
The DPP asked for an adjournment to make further submissions. The Court adjourned this matter to 9.30 a.m tomorrow (15/1/10).
The court sessions ended at 1.05 p.m.
By then P.Uthayakumar had been on his feet for about 3/1/2 hours continuously from 9.35 a.m to 1.05 p.m. But this did not deter him. He came out of the dock smiling and unscathed and knowing that he will be sentenced to jail in any event because the Judge has got UMNO’s orders to convinct P.Uthayakumar and not based on the facts law and justice.
Kandasamy.
