17
Feb
09

RPK ISA Trial – ajourned…

170209-rpk-isa-trial-2_sHaris has a blow by blow account of what happened at Putrajaya Federal Court up to lunch break. Read here. Well Done, bro! Nice to see u in full gear too =]

Rakyat@work is back! see anil’s blog for his coverage

It was a day of  “dismissals” really (how delCapo wish they would just dismiss the Botak’s appeal), on all motions by RPK’s team:

  • Justice Augustine Paul offered to recuse himself from the hearing of the application to disqualify him from the panel & stepped down.
  • RPK’s team proceeded to motion that the panel, now being only 2 judges left (Justices Nik Hashim Nik Ab Rahman and Zulkefli Ahmad Makinuddin), could not continue to hear the case… after much debate focussing on whether proceedings had begun (which 2 remaining judges is sufficient) or not (which then mean at least 3 judges or more is required) – The panel of 2 ruled that the motion was Dismissed!
  • On the grounds that Justice Augustine Paul may be biased & therfore should be disqualified from hearing the appeal case, due to RPK’s well read past publications criticising him, as well as his past judgement on a case which rules RPK as a “threat to national security”… the panel found the grounds invalid & dismissed the motion.
  • On the motion that this being a complex & constitutional case, more than 3 judges (5 or 7) should be on the panel & that this court has the power to regulate itself (instead of waiting for the Chief Justice’s order) – dismissed.
  • On the motion to present new evidence to the case, based on the fact that RPK has been released for the past few months & proven to be of no threat to national security… & therefore added proof that the Home Minister’s order to his ISA dention was in bad faith – dismissed. (note: at one point, Azhar had to remind the judges that ISA is a preventive detention law…. quite embarrasing for those justices)
  • On the motion to present new evidence that has surfaced from a seperate trial (RPK’s Sedition Trial) that the investigating officers have NOT investigated fully into the article “Lets send the Altantuya murderers to Hell”, which is the same article used as evidence for the ISA case… therefore added proof that the Home Minister’s order to his ISA dention was in bad faith – yes, you guessed it & no prize…dismissed!

The session ended just after 2pm, citing the lack of time for both sides to present their argments.

Ajourned to Monday23 Feb 2009, 9.30am.

delCapo cannot make too much comments on the legality & technicality of the dismissalof all the motions… but sitting in court & watching the debates & the judges’ behaviour:

  • Malik Imitaz is the man!! Azhar isn’t bad too…. especially compared to the prosecution team led by Tun Majid. So  much smoother, comprehensive & competent in presenting their arguments. The other side couldn’t find their own stuffs half the time.
  • We got the feeling that the judges, at time, had to prompt the Prosecution team on the points they were trying to make.
  • On the other hand, the judges were arguing with RPK’s team from the minute they start on their motion.

Impartiality, eh?…. hmmmm

Some pix from the day below:

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5 Responses to “RPK ISA Trial – ajourned…”


  1. 1 SAJ
    February 17, 2009 at 5:27 pm

    Thanks a million for the summary and erudite observations on our justice system.
    Keep up the spirit.
    We can never know what will happen between now and 23rd!

  2. 2 Beh Tahan
    February 17, 2009 at 7:44 pm

    Yoh! When will we ever get the fick rid of this Augustine character? Hasn’t he done enough damage to the Malaysian judiciary? Dear Yang Arif Augustine, why don’t you have a massive embolism please? And I don’t mean any respect. Come on. Make Malaysia a nicer and safer place for once.

  3. 3 euyere
    March 26, 2009 at 9:20 pm

    Let me ask them ,the so-called representatives of the Judiciary(or representative of Prejudices), are you all paid by the Country’s & Rakyats resources or by the Political party. So remember, you have to do the Job(not your job) with honesty, trust, integrity and above policital influences & threats.

    It is time you, everyone of you people sitting to judge, to judge with truth & honestly, irrespective of Creed, Colour or Status.

    If you cannot do the Job with integrity, pack-up & scram, look for another vocation.

    Hidup Malaysia, Bersih & Cekap.


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