Thursday, January 14, 2010
Uthayakumar Clashes With Judge Again In Sedition Trial (Bernama)
KUALA LUMPUR, Jan 13 (Bernama) — The sedition trial of lawyer P. Uthayakumar was almost derailed Wednesday after his lawyers told the Sessions Court that they were going to make a second application to recuse her.
However, Uthayakumar decided to drop his intention and allowed his counsel to cross-examine the first prosecution witness, former deputy Criminal Investigation Department director Datuk Acryl Sani, after judge Sabariah Othman reminded the lawyer that his first application for recusal was still pending at the Court of Appeal.
A heated argument between Uthayakumar and Sabariah erupted after Uthayakumar accused the judge of acting on instruction to convict and sentence him to prison.
Uthayakumar launched his attacks on Sabariah after she told him that it was not necessary to record each of his objections and she was satisfied with Acryl’s answer that he could not recall the journalist who contacted him on photographs posted on the “Police Watch Malaysia” website on Nov 25, 2007.
The photographs pertained to an illegal mass rally organised by the Hindu activist group, Hindraf, in the city.
Uthayakumar repeatedly told the judge that he would write to the Chief Justice if she continued to refuse to put his objections on record.
A visibly upset Sabariah strongly objected to Uthayakumar’s allegation that she was instructed to convict and send him to prison and asked him to apologise to the court.
“I’m not satisfied with you and I want you to take back the words,” Sabariah said.
Uthayakumar’s lead counsel, N. Surendran, had a difficult time to defuse the situation and clarified that the accusation was not against the judge.
Sabariah decided to continue with the trial and reminded Uthayakumar not to be influenced by his emotions and make wild allegations.
“Be more careful with what you are saying next time,” stressed Sabariah.
On Dec 11, 2007, Uthayakumar, 47, pleaded not guilty in the Sessions Court to publishing a seditious letter on the “Police Watch Malaysia” website.
The charge under Section 4(1)(c) of the Sedition Act 1948 carries a fine not exceeding RM5,000 or imprisonment up to three years, or both, on conviction.
Two days later, Uthayakumar was detained under the Internal Security Act following his involvement in street demonstrations here on Nov 25 and alleged seditious remarks against the government.
Earlier, during examination-in-chief by deputy public prosecutor Noorin Badaruddin, Acryl said that he directed deputy OCPD of Dang Wangi to investigate on the appearance of the photographs on the website.
Cross-examined by counsel Surendran, Acryl agreed that Hindraf and its leaders were being very critical towards the government and also very vocal on the police.
Asked whether the action taken against Uthayakumar was to silence him from taking up issues pertaining to the Indian community, Acryl disagreed and added that the investigation was more focused on the authencity of the photographs.
To another question on the police estimate of the number of people in the illegal gathering, Acryl said he could not confirm the figures because there were conflicting numbers of 5,000, 10,000 and even 50,000.
The hearing before Sabariah continues tomorrow.
– BERNAMA
P.Uthayakumar to Judge - you have instructions to convict me and are biased
KL Jalan Duta Court 13/2/10.
P.Uthayakumar’s ethnic cleansing trial continued at 2.15pm today. The learned “biased” Judge was once again hostile and repeatedly on all and about eight applications in a row rejected P.Uthayakumar’s and his lawyer’s objections. The last straw was when the Judge even refused to record down the last objection of P.Uthayakumar that the police officer ought to know the name of the person who had called him to inform him of the “ ethnic cleansing” posting (picture) in the website. P.Uthayakumar then told the Judge that the she is biased and has instructions to convict him (P.Uthayakumar) and to send him to jail. And that he (P.Uthayakumar) is not frightened of UMNO’s jail.
P.Uthayakumar then once again asked the Judge to recuse herself. He also told her that he wants to write to the Chief Justice for her recusal but how is he to effectively do it as the Judge does not even want to record the same in her minutes which the High Court, Court of Appeal, Federal Court and the Chief Justice would rely on. After the heated arguments between lawyer N.Surendran and P.Uthayakumar with the Judge, the court took a ten minute recess. Upon resumption of the trial, P.Uthayakumar did not apologize even though the Judge asked for the same.
P.Uthayakumar argued that Justice must not only be done but manifested and undoubtedly be seen to be done.
In Lenon v Metropolitan Properties, Lord Denning Master of the Rolls of the Court of Appeal in United Kingdom held that if the ordinary man in the public gallery is left with the impression that if there is a perception that the Judge is biased then the Judge ought to discharge himself or herself.
But here despite the allegation that the Judge has instructions to convict P.Uthayakumar, a lawyer of 19 years standing, she is still refusing to discharge herself.
Will Justice be served to P.Uthayakumar?
Will the Malaysian Court’s integrity and credibility be preserved? Is it in the interest of this Judge to continue hearing this matter.
This trial continued right up to 5.35pm when the court hours end at 4.45pm Res Ipsa Loquiteour ( The facts speak for itself).
Kandasamy
No statistics on locals marginalised but statistics on overstaying foreigners is available.
No official figures for Indians without B.C and IC but 40,000 Indian nationals missing in Malaysia (BH 13/1/02010 at page 2).
The UMNO led government was spot on with the 40,000 Indian nationals “missing in Malaysia, but despite 52 years of independence and with the back up of over 100,000 over civil servants, the official statistics for Indian children being denied birth certificates and Indians adults being denied their identity cards and citizenship is not available or inadequate.
We however estimate that there are about 150,000 Malaysian Indian minority children being denied their birth certificates and about 300,000 Malaysian Indian adults being denied their Identity cards and citizenship.
P. Uthayakumar
Church arson: “Arrest only when cops are sure.” Hindraf arrest first and be sure later
This is the stand by Malay-sia’s Home Minister Hishammuddin Hussien when it concerns malay muslim criminals who torched the Christian churches. Remember this very same Home Minister who with the malay muslim criminals and others who had stepped on the cow head and spat on it in Shah Alam in October 2009? (Malay Mail 12/1/2010 at page 3)
holding a press conference together! (See photo below the cow head standing behind Hishamuddin)
But when it is the Hindraf peaceful assemblers the Home Minister directs an arrest first order and be sure later. One Malay-sia?
Karpal wants police protection for all places of worship
By Adib Zalkapli - The Malaysian Insider
Karpal Singh and Gobind Singh being briefed by Sentul Gurdwara president Gurdial Singh on the attack
In yesterday’s incident, a barrage of stones had cracked the sliding glass door to the entrance of the temple.
“The whole world is watching Malaysia,” Karpal told reporters today at the temple.
Following the firebombing and arson attacks against churches in the past week, police have stepped up security but have admitted they do not have enough manpower to guard all places of worship. Inspector-General of Police Tan Sri Musa Hassan had asked churches to beef up security.
“What has happened is unprecedented. There is concern among the Sikh community and to their credit they have remained calm,” said the Bukit Gelugor MP today.
Karpal was accompanied by his son Gobind Singh Deo who is also the Puchong MP. The duo are the only Sikh representatives in the Parliament’s lower house.
Gobind said he hoped that the police would launch a thorough investigation.
“Just to generalise this as a job of naughty boys is not sufficient,” he said.
The attack on the temple last night has made it the first non-Christian house of worship hit since the controversial landmark “Allah” ruling.
The Sikhs also use the term to describe God in their Punjabi language and had unsuccessfully sought to be part of the Roman Catholic Church’s legal suit to use the word in the Bahasa Malaysia edition of its Herald newspaper.
Eight Christian churches and a convent school in Selangor, Perak, Malacca, Negri Sembilan and Sarawak have been hit so far in the attacks which followed the Dec 31 High Court decision allowing the church to use the word “Allah.”
The stoning of the gurdwara near the former Sentul Railway Yard comes a week before Prime Minister Datuk Seri Najib Razak makes a three-day official visit to India on Jan 19 to meet his counterpart Manmohan Singh, a Sikh himself, and reflects the government’s struggle to contain the issue and keep it from spiraling out of control.
On how the latest attack would affect Najib’s trip to India Karpal said the Prime Minister owes the world an explanation.
“The PM has a lot to explain to the Prime Minister of India, I hope he has prepared an acceptable explanation not only to the Indian PM but also to the foreign press,” he said.
