6 theSun | FRIDAY FEBRUARY 27 2009

news without borders

Anwar’s sodomy trial

Court to make transfer ruling on March 5

KUALA LUMPUR: The High Court
will decide on March 5 whether
Datuk Seri Anwar Ibrahim’s sodomy
trial can be moved to the High Court
or remain at the sessions court.
Justice Datuk Mohd Zabidin Diah
fixed the date yesterday, after hearing
submissions from lead prosecutor
Datuk Mohd Yusof Zainal Abiden
and Anwar’s lead counsel Sulaiman
Abdullah.
On Sept 10 last year, the prosecu-
tion produced a certificate of transfer
dated Sept 9, 2008 to the sessions
court to seek a transfer of the case to
the High Court. The certificate was
signed by Attorney-General Tan Sri
Abdul Gani Patail.
The defence had objected, say-
ing the attorney-general has been
disqualified from taking any part in
the investigation and prosecution
against Anwar. The defence argued
that the certificate is invalid.
The judge rejected the application
to transfer the case.
In his submission, Sulaiman said
the attorney-general has not filed
any affidavit denying or rebutting
the assertions made against him by
Anwar. Anwar had filed an affidavit
on Sept 22, 2008.
Sulaiman said when a decision-
maker’s (attorney-general’s) decision
is being challenged, it is incumbent
for him to reply.
“When a person files an affidavit
alleging that a particular decision
was not arrived in accordance with
law, for example, the decision-
maker is biased or is disqualified,
it is incumbent upon the particular
decision-maker to affirm and file an
affidavit rebutting the allegation and
not someone else,” Sulaiman said.
He said the rationale for this
principle is that in order for the af-
fidavit to amount to an adequate and
satisfactory rebuttal, it must be af-
firmed by the person who possessed
personal knowledge of the facts.
Instead, he said, it was solicitor-
general who affirmed an affidavit.
“How does the solicitor-general
know what the attorney-general was
thinking?” Sulaiman said.
In reply, Datuk Mohd Yusof Za-
inal Abiden said the sessions court
is wrong when it held that the cer-
tificate of transfer is invalid. He also
submitted that the sessions court has
no authority to hear the application.
“The sessions court is not the proper
forum, you (the defence) have to file
(the application) in the High Court.”

BN to look into
Pakatan’s ‘no
salary’ challenge
by Humayun Kabir
newsdesk@thesundaily.com
IPOH: The Barisan Nasional state govern-
ment will look into the challenge by Pakatan
Rakyat state executive councillors not to
claim salary for official administrative work
until the High Court decides who is the legal
administrator of Perak.
This was Mentri Besar Datuk Zambry Ab-
dul Kadir’s response to DAP state chairman
Datuk Ngeh Koo Ham’s call to BN exco mem-
bers not to take any salary for administration
of the state until the court decision.
Likewise, Ngeh said, the Pakatan exco
members will not draw any salary so as not
to burden the people.
Zambry said: “This is a tit-for-tat attitude
of the Pakatan team after we announced
that we will return the annual holiday al-
lowance of RM20,000 allocated for exco
members.”
When asked about DAP Taiping MP Nga
Kor Ming’s demand that Zambry call for the
dissolution of the state assembly and call for
fresh elections within two days, Zambry said
it sounded like a warning and suggested that
Nga be asked for the answer.
On Monday, Nga had stated in parliament
that Perak assembly speaker V. Sivakumar
will call for a special assembly meeting if
Zambry refuses to call for the dissolution of
the state assembly within two days.
Nga had said that Sivakumar had writ-
ten to Perak Sultan Azlan Shah last week
requesting his consent to convene a special
assembly meeting and the palace had yet
to respond.
43 migrant workers on hunger strike
by Tan Yi Liang
newsdesk@thesundaily.com
them to pay their own airfares
back to India.
tickets at their expense. The
employer did not do that. They
has written to Immigration di-
rector-general Datuk Mahmood
“They had to hand over the also did not renew their work Adam calling for action to be
PETALING JAYA: Forty-three cash, and some were forced to permits,” Rajasekaran said. taken over the 43 detainees .
migrant workers from India hand over their ATM cards. In He also said the employer had “We are giving him one week
started a hunger strike yesterday total, they paid out more than RM failed to pay the workers their for a response, after which we will
to protest their detention at the 10,000,” Rajasekaran told a press last drawn salary. file a report with the Malaysian
Pekan Nenas detention centre in conference here yesterday. The passports of the 51 have Anti-Corruption Commission.
Johor, Malaysian Trades Union He said under the law, em- since been collected by the em- “We want the employer’s per-
Congress (MTUC) secretary-gen- ployers had to pay such fares. ployer from the Johor Immigra- mit to be revoked, and if need be,
eral G. Rajasekaran said. “The law requires that they tion Department. we will seek a meeting with the
They were among 51 workers (the employers) provide the air Rajasekaran said the MTUC home affairs minister on this.”
who came to Malaysia to work
legally as factory workers and
their contract expired in July
2008. Their employer in Johor,
who is an outsourcing agent,
however kept them working
until December.
Rajasekaran said the 51, aged
between 23 and 35, left Johor
on Jan 17 to seek help to be
sent back, as their contract had
expired.
“They boarded a bus to
Kuala Lumpur to seek the help
of the Indian High Commission.
However, the bus was stopped
by police in Muar. They (the
police) checked the passengers
and detained the 43. Eight of
them escaped in the commotion,
and lodged a complaint with the
MTUC,” he said.
He said the 43 were sent to the
Pekan Nenas detention centre the
same day .
He also said the MTUC had re- MTUC deputy president Mohd
ceived reports that the employer Khalid Atan makes a point
had been allowed into the camp while Rajasekaran looks on at
to intimidate the 43, and forced the press conference.

MACC should act on IGP: Respect

PM’s advice: Bar Council
PETALING JAYA: The Malay-
sian Anti-Corruption Commis-
sion (MACC) should act on
the “sobering” advice given
by Prime Minister Datuk Seri
Abdullah Ahmad Badawi and
not underestimate the public,
said Bar Council president
Datuk Ambiga Sreenevasan
“When launching the
MACC, the Prime Minister
gave the advice that the
MACC must not end up with
the same perceptions that
afflicted the ACA – of not
being independent, of being
a toothless tiger, of practising
selective enforcement and of
not being professional in their
investigations, all of which
damaged the ACA’s reputation
and credibility,” said Ambiga in
a press release yesterday.
She cited instances where
the MACC had failed to heed
the advice of the PM.
“The MACC director had
made a public statement
about investigations against
the mentri besar of Selangor
in a way that raises serious
questions about the impar-
tiality of the Commission.
Then, yesterday, the MACC
reportedly interrogated the
Speaker of the Perak Legisla-
tive Assembly for three hours,”
se said.
Ambiga added that the Bar
Council was concerned over
such actions.
“How is the MACC seek-
ing to remove the negative
perceptions the prime min-
ister spoke of? These events
also question the regard the
authorities have for the inter-
ests of the public and public
perception,” she said.
She called on senior mem-
bers of the Bar to do their part
to ensure that the MACC acts
in a responsible manner.
“Respected members of
the Bar have been appointed
to the MACC’s Anti-Corruption
Advisory Board, Operations
Review Panel and Complaints
Committee. We urge them
to address the concerns that
have been expressed in rela-
tion to the MACC’s actions and
play their role in ensuring that
the rule of law is upheld.”
individual’s
privacy
MALACCA: Inspector-General
of Police Tan Sri Musa Hassan
said the public should respect an
individual’s privacy and private
rights. He said with the advent
of technology and availability of
facilities like handphones with
built-in cameras, there was more
need for the people to be more
cautious.
“An individual’s private rights
and privacy have to be re-
spected,” he told reporters after
a meeting with state crimes
investigation heads nationwide
here yesterday.
He advised people to refrain
from indulging in improper
activities such as exposing
themselves in acts which could
be deemed as pornographic.
Musa said this in response to a
statement issued by the Selangor
palace on Wednesday expressing
Sultan Sharafuddin Idris Shah Al-
haj’s concern over the intrusion of
an individual’s privacy and rights
for the purpose of destroying
one’s dignity and reputation.
On the probe into Bukit
Lanjan assemblyman Elizabeth
Wong’s private pictures scan-
dal, Musa said police were still
investigating.