theSun | WEDNESDAY NOVEMBER 12 2008 3

news without borders

Appeal filed to have

Anwar’s trial moved
to High Court
KUALA LUMPUR: The prosecu-
tion has filed an appeal to quash
the session court’s decision
not to allow Datuk Seri Anwar
Ibrahim’s sodomy trial to be
transferred to the High Court.
Bernama reported the notice
of appeal was filed at the regis-
trar’s office of the sessions court
yesterday morning.
On Friday, judge S.M. Komathy
Suppiah decided that the case
be heard by the sessions court
after finding a certificate to have
it transferred to the High Court
signed by Attorney-General
Tan Sri Abdul Gani Patail to be
invalid.
In her decision, Komathy said
the certificate was signed by
Abdul Gani himself, which was
against Anwar’s express wish
that Abdul Gani be not involved
Police not trying to harass
lawyers, says IGP
by Charles Ramendran
newsdesk@thesundaily.com
KUALA LUMPUR: Police said
yesterday it is not their intention
to intimidate or harass lawyers
from exercising their privileges
and executing their professional
duties as stipulated by the law.
Inspector-General of Police
Tan Sri Musa Hassan said that
according to Section 126 of the
Evidence Act, lawyers have the
privilege to have full communi-
cations with their clients.
However, under the same
clause, two subsections can also
deny a lawyer of the privilege if:
» such communications will
lead to further unlawful interfer-
ence in the investigations of the
police; and
» a crime or fraud is committed
since the commencement of
in the case.
Abdul Gani is still under inves-
tigation by the Anti-Corruption
Agency following a police report
lodged by Anwar about alleged
falsification of evidence pertain-
ing to the “black eye” incident
involving Anwar when he was
arrested by police in 1998.
Anwar, 61, faces a charge
of voluntarily performing carnal
sex against the order of nature
on his former aide, Mohamad
Saiful Bukhari Azlan, 23, at Unit
11-5-1, Desa Damansara Condo-
minium, Jalan Setiakasih, Bukit
Damansara between 3.01pm
and 4.30pm on June 26.
He has been charged under
Section 377B of the Penal Code
and can be jailed up to 20 years,
if convicted. He is now free on a
personal bond of RM20,000.
his role as an advocate in a said
case.
In a statement, Musa re-
ferred to the outcry by the Bar
Council last week over police
summoning lawyer N. Surendran
for questioning at the Putrajaya
police headquarters on the
remand proceedings of 10
supporters of the Hindu Rights
Action Force (Hindraf) detained
after gathering in front of the
Prime Minister’s Department on
Oct 23.
Based on the subsections
of the clause, the lawyer can
be called in for questioning, he
said.
Musa said the Bar Council’s
statement that police were
harassing and intimidating law-
yers by doing so was not true as
they were merely carrying out
their duties within the law.
Article not found in
computers, court told
by Tan Yi Liang
newsdesk@thesundaily.com
PETALING JAYA: The article
“Let’s send the Altantuya
murderers to hell”, alleged to be
seditious, could not be found
in either the laptop or desktop
computers seized from the home
of Malaysia-Today editor Raja
Petra Kamarudin, the sessions
court hearing the sedition trial
was was told yesterday.
Kings of Questioned by DPP Farhan
Read, ASP Wa’ie Iskal Kria
Tennis Abdullah, who had been
called off responsible for the investigation
pg8 into the contents of the
computers, said that while he
was able to establish Raja Petra
as an administrator of the news
portal, he had failed to find the
article in the computers.
Wa’ie, who carried out his
investigation from May 2 to 4, said
he had used the Solo 3 hardware
and Encase 6.10.2 forensic
software when he conducted his
examination.
“On the laptop, it was found
that www.malaysia-today.net had
been accessed, where the access
was done by an administrator
user, but the website was not
accessed from April 11 to 26.”
Farhan: Why were there no
findings for the dates mentioned?
Wa’ie: I am of the opinion
that the data was deleted.
Farhan: How did you come to
Protesters abused sanctity of
that conclusion?
Wa’ie: In my opinion, the
data was deleted as the user of
the laptop used a programme
called Clean It 5.5 to clean all
temporary files on the laptop.
Farhan: You say ‘all’. Why,
then, are there still findings?
Wa’ie: Clean It is a
programme where one can set
the date, time and the location on
the computer to erase files.
Earlier, asked by Farhan
as to whether both Solo 3 and
Encase were working properly,
Wa’ie said they were at the time
they were used on Raja Petra’s
computers. He said the hardware
and software were tested once
every six months.
DPP Ishak Mohd Yusoff asked
the court for a re-examination of
the computers under Section 425
of the Criminal Procedure Code.
“We ask to allow the witness
to analyse the computers
and extract the folders in the
computers as the witness told
the court there were folders in
the computers not read by him,”
Ishak said.
He said the court has the
power “to order an exhibit in or
out of the courtroom”.
“The witness said that he
saw other folders but did not
open them because of his
instructions,” Ishak said.
Defence counsel J. Chandra
objected to the request, saying
Section 425 i s only for specific
situations.
“It (Section 425) is not
applicable as it envisages a
situation where the court may
call a witness not before the
court. Wa’ie is already a witness.
He is still in the witness box,” he
said.
Chandra said the law only
applies to those who have
finished giving evidence and
should be recalled.
“There is no evidence whether
these folders are relevant to the
subject matter of the charge or
how many folders there are.
The witness has said that he did
not examine the folders under
the guidelines given to him
(by investigating officer ASP
Mahfuz).”
Rejecting the case law used
by Ishak to argue for the re-
examination of the laptop and
desktop, Chandra added: “The
case law can be distinguished
on its facts as, in that case, the
results of the tests were still
unknown.”
Ishak, however, argued that
the findings could be in favour of
the prosecution or the defendant.
“There were folders that
were unread and they could be
relevant to the case,” he said.
Sessions court judge Rozina
Ayob adjourned the proceedings
until today to decide on the
application.

in schools.
Negaraku, says CPO
Its minister, Datuk Seri

briefs Hishammuddin Hussein, said

Dr M to address
bloggers
KUALA LUMPUR: Former
prime minister Tun Dr Mahathir
Mohamad will deliver a keynote
address on “Unity and Account-
ability in Blogging” at Blogger
Buff 2008, a conference cum
networking event, at Putra World
yesterday he was against the
showing of the video clip as it
was unsuitable for viewing by
pupils at a very young age.
Media reports had showed
the use of the video clip
in schools which, among
others, displayed scenes of
punishments meted for one’s
sins after the body is buried.
– Bernama
Gerakan launches
by Charles Ramendran and
Maria J. Dass
newsdesk@thesundaily.com
PETALING JAYA: Amid mounting protests
over the handling of a gathering on Sunday,
in which two dozen people were detained,
Selangor police chief DCP Datuk Khalid
Abu Bakar yesterday explained further the
circumstances in which he acted.
He refuted claims that police were
disrespectful to the national anthem when
they moved in on the participants of a can-
police acted against those who took part
in the rally, including some politicians, to
commemorate the first anniversary of
the Bersih rally and to protest against the
Internal Security Act (ISA).
Bersih, a coalition set up to promulgate
free and fair elections, accused the police
of showing contempt against the nation
and the king by arresting those singing
Negaraku.
Suaram coordinator Tah Moon Hui said
Bersih has proof that the police moved in
to arrest the people while the Negaraku
was being sung.
Seputeh MP Teresa Kok, who was at
the press conference, said Dian Abdullah,
a 53-year-old woman, fell and injured the
back of her head when police moved in.
She received four stitches.
Lawyer and blogger Haris Ibrahim said
the Selangor government should back Ber-
sih’s struggle as this is what the people of
Selangor had voted them in to do (to carry
out reforms).
SHARIL AMIN/THESUN

Trade Centre here on Nov 22.
The event is expected to get
bloggers from various genres
together to discuss aspects of
blogging and to comment on
issues that affect them.
Organising chairman P.
Kamalathan said there will be a
session themed “Blogging reali-
ties”, which will deal with issues
like ethics, law, money-making and
technology, and another themed
“So you want to blog?”, targeted
at young and new bloggers.
The event is opened to 100
bloggers, who may choose to
attend one or both sessions. To
register, visit www.bloggersbuff.
blogspot.com.
Ministry to probe
video clip
PUTRAJAYA: The Education
Ministry will investigate the
use of a video clip “Sajak
Kematian” (Poem on Death)
university petition
ALOR STAR: Kedah Gerakan
Youth yesterday launched an
online petition to get public
support for its the proposal to
set up a “people’s university” in
the state.
Its chief, Tan Keng Liang, said
the objective of such a univer-
sity is to give eligible students
an opportunity to pursue their
studies.
Those who would like to
pledge support or comment
may visit www.petitiononline.
com/unrakyat. – Bernama
UPSR results today
PUTRAJAYA: Candidates who
sat for the Ujian Pencapaian
Sekolah Rendah (UPSR) in
September may collect their
results from their schools
from 10am today, the Educa-
tion Ministry said. – Bernama
dlelight vigil as the group was singing the
Negaraku opposite the PJ Civic Centre.
Instead, he accused the protesters of
abusing the sanctity of the Negaraku for
making use of it to evade action.
“The members of the group sang the
Negaraku about three or four times, each
time police told them to disperse at the
Jalan Timur field, and at each place, they
regrouped. They were using it to keep us at
bay but we had acted within the law. How
can I disrespect the Negaraku?” he said.
“I am an officer of the Royal Malaysian
Police Force and I will be among the first
to give honour to the national anthem.
But, in the interest of security and order
and to keep them in place, the police are
empowered to evaluate the situation and
act accordingly.”
Khalid said he did not hear the anthem
being sung when his men moved in to dis-
perse the crowd, which had violated the
law by taking part in an illegal assembly.
Earlier, a coalition of 12 NGOs issued
a statement demanding an apology from
Home Minister Datuk Seri Syed Hamid Kok shows photographs of the police moving in, and Dian, who injured her head
Albar and Khalid’s resignation for the way when she fell.