Thesun 2009-03-18 Page01 Barred Warned Cleared

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No. 4718 PP 2644/12/2009 (023092)

Wednesday March 18, 2009

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Barred Warned Cleared

DISCIPLINARY BOARD FINDS ALI RUSTAM GUILTY OF BREACHING UMNO ETHICS by Maria J. Dass [email protected]

UALA LUMPUR: Umno’s disciplinary board yesterday barred Malacca Chief Minister Datuk Seri Mohd Ali Rustam from contesting the deputy presidency at the party’s general assembly next week after finding him guilty of breaching party ethics. Umno Youth chief contender Khairy Jamaluddin got off with a warning for the same offence, while his rival for the post, former Selangor mentri besar Datuk Seri Dr Mohd Khir Toyo, was cleared of corruption and money politics. Mohd Ali and Khairy were found guilty of breaching rule 10.1 of the party ethics, which is presumption of guilt owing to the actions of a third party (who could be an agent, lobbyist and campaign or polling manager). The penalty

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meted out depended on the degree of guilt. They were among 15 found guilty of various offences, ranging from money politics, misuse of the media and the internet, the use of lobbyist and agents and for conduct during party administrative duties (see list on page 2). Another 14 members and contenders who were also investigated because of complaints lodged against them were found not guilty. After delivering the probe findings at an eagerly-awaited press conference at Umno headquarters, disciplinary board chairman Tengku Tan Sri Ahmad Rithauddeen Ismail explained that rule 10.1 stated that a principal was presumed guilty as he was vicariously liable for the acts and offences committed by his agent. He said the allegations against Mohd Ali were deemed as presumptions as he was not caught red-handed but was still liable for the

actions of those associated with him, and had to give a reasonable explanation. Mohd Ali’s political secretary Saadun Basirun, who is also Bukit Katil division committee member, was found guilty of money politics and offences related to lobbying for votes. “He (Mohd Ali) is also presumed guilty, going by the actions of Saadun,” said Tengku Rithauddeen. Asked why Mohd Ali received a harsher punishment than Khairy, he said: “The punishment must fit the crime. No two cases are the same. “The degree of the offence under (rule) 10.1 could differ. It could be for money politics or for ‘makan-makan’. It depends on what he does.” He said the level of seriousness of these offences could not be equated.

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Karpal pleads not guilty to sedition charge by S. Tamarai Chelvi [email protected]

KUALA LUMPUR: DAP national chairman Karpal Singh was charged with sedition at the Sessions Court yesterday for making a statement on Feb 6 that the Sultan of Perak could be taken to court. He pleaded not guilty. The 69-year-old wheelchair-bound senior lawyer and Bukit Gelugor MP was charged with uttering the seditious words at his office, Messrs Karpal Singh & Co, in Jalan Pudu Lama, between noon and 12.30pm. The charge under Section 4(1) (b) of the Sedition Act 1948 is punishable under Section 4 (1) of the same act. If convicted, Karpal can be fined up to RM5,000 or jailed up to three years or both, for the first offence. For subsequent offences, the jail term goes up to five years. Karpal is representing himself, but has a team of 12 lawyers, including his children Jagdeep Singh Deo, Gobind Singh Deo, Ram Karpal Singh Deo and Sangeet Kaur, to assist him. Sessions judge Datuk Mohamad Sekeri Mamat set bail at RM2,000 with one surety and allowed an application by Deputy Public Prosecutor Datuk Kamaluddin Md Said to transfer the case to the High Court as Karpal did not object. No date has been fixed for a mention date in the High Court. Earlier, the court interpreter was 15 minutes into reading out the charge and the 10-page attachment containing the alleged seditious statements when the judge interjected and suggested that only the underlined words (the alleged seditious words) be read out to save time. Karpal, however, argued that the entire transcript should be read out, as otherwise the passages which were not underlined should be expunged. The judge then allowed the interpreter to read out the attachment which took him another 30 minutes. This is the second time Karpal is charged with sedition. On Jan 15, 2000, he was accused of uttering seditious words on arsenic poisoning while submitting in the Datuk Seri Anwar Ibrahim and Sukma Darmawan Sasmittat Madja trial in the High Court. The charge was withdrawn in 2003.

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