Thesun 2009-04-23 Page04 Sedition Charge Flawed Says Karpal

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theSun

| THURSDAY APRIL 23 2009

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MB: Freeze on pipe replacement of little concern by Maria J. Dass [email protected] SHAH ALAM: The freeze on the replacement of pipes worth RM2.6 billion announced by Syarikat Bekalan Air Selangor (M) Sdn Bhd (Syabas) is of little concern to the Selangor state government, Mentri Besar Tan Sri Abdul Khalid Ibrahim said yesterday. The concession company had taken up full page advertisements in newspapers announcing the freeze and said the delay would cause some inconvenience to the public. “The statement by Syabas that RM2.6 billion worth of capital expenditure has been frozen is not totally true because RM1.8 billion has already been spent in terms of repairs,” he said. “Futhermore, to date, RM2.3 million would have been put into the system. This is not new money but money already there. “As far as the state is concerned, we want Syabas to continue doing their work as per the agreement, and the state

will continue to work with the federal government and meet the concession companies to complete the acquisition process and establish a holistic water operator in Selangor.” Abdul Khalid said the water restructuring will proceed. “The new minster (Energy, Green Technology and Water Minister Datuk Peter Chin) has decide to meet with the mentri besar to see where we can go from here in terms of reorganising the water industry,” he said. On Tuesday, Syabas chief executive Tan Sri Rozali Ismail said work to replace old pipes and linkpipes will not proceed following a directive from the federal government. He said the suspension of the RM2.6 billion programme was because of the revamp of the water management sector in Selangor, Kuala Lumpur and Putrajaya. Rozali said the move would have a direct effect on consumers, especially where crucial work, such as pipe replacement, was concerned.

Sedition charge flawed, says Karpal

LAWYER SEEKS DISCHARGE OVER ‘IMPROPER WRITTEN CONSENT’

by S. Tamarai Chelvi [email protected]

The charge is formulated only after a valid consent is issued.”

KUALA LUMPUR: Lawyer Karpal Singh, who is facing a sedition charge, applied to the High Court yesterday to discharge him, saying the prosecution case is flawed. The DAP chairman argued that the prosecution had failed to obtain a proper written consent from the public prosecutor (attorney-general), which is required by law to try him for sedition. “The consent is null and void and of no effect,” said Karpal, who is seeking a discharge not amounting to acquittal. Judicial Commissioner Azman Abdullah fixed Tuesday to decide on the preliminary objection raised by Karpal. Karpal is charged with uttering seditious words in connection with the Sultan of Perak over the political crisis in the state between noon and 12.30pm at Messrs Karpal Singh & Co on Jalan Pudu Lama

in Dang Wangi here on Feb 6. He submitted that there has been non-compliance with the provisions of section 5 of the Sedition Act 1948, which states: “No person shall be prosecuted for an offence under section 4 without the written consent of the public prosecutor.” Karpal’s charge is under section 4 (1)(b) of the Sedition Act. He said the legal proceedings under the section require, as a pre-requisite, a written consent of the public prosecutor as specified in section 5 of the act. “The written consent precedes the charge. If this pre-requisite stands unfulfilled, legal proceedings amount to a nullity,” he said. Karpal said it is pertinent to consider what the consent entails. “The written consent must show on the face of it whether the public prosecutor has applied his mind as required by law,” he said. “The court can only consider what is in the written consent without adverting to any extrinsic

briefs Vote-buying case mention on May 14 TEMERLOH: The sessions court here yesterday fixed May 14 for mention of the corruption hearing of former Federal Territory Umno Youth chief Datuk Mohamad Norza Zakaria. Judge Azhar Che Yusof fixed the date pending the attorney-general’s decison on the representation made by the defence. Norza, 43, faces two counts of offering bribes to two individuals to buy votes in the Umno polls last month. If convicted, he faces up to 20 years in jail and a fine of not less than five times the amount involved or RM10,000, whichever is higher, on each charge. – Bernama

Two Thais to hang for drug trafficking TEMERLOH: Two Thai nationals were sentenced to death by the High Court here yesterday for trafficking in 18.754kg of cannabis at a petrol station in Bentong five years ago. Justice Datuk Abdul Halim Aman, in convicting Sureeya Wuttisat, 45, and Asan Tong, 47, both of Narathiwat province, held the defence had failed to cast a doubt on the prosecution’s case. Th duo were found guilty of committing the offence at a petrol station on Jalan Ketari, Bentong, at 3.30pm on April 24, 2004. The offence, under section 39B of the Dangerous Drugs Act 1952, carries the mandatory death sentence. – Bernama

Clerk held over SMS to assemblymen KUALA TERENGGANU: A clerk with a private company has been detained on suspicision of sending a threatening SMS to three Terengganu assemblymen. State CID chief ACP Fauzi Ab-

evidence.” He said the consent letter dated March 11, issued by Attorney-General Tan Sri Gani Patail, does not set out the alleged seditious words and neither is there any annexure setting out those words. “Can it be said under these circumstances, that the issuance of the consent by the public prosecutor is an act of reason, accompanied with deliberation, the mind of weighing as in a balance, the good and the evil on each side?” he asked. “How could he have applied his mind whether or not to prosecute the accused if the consent on the face of it does not set out the alleged seditious words having regard to the fact that at this point of time the charge was yet to come into existence? “The charge is formulated only after a valid consent is issued.” Karpal said merely setting out “kata kata menghasut (seditious words)” does not fulfil the requirements of the law.

duri said the 31-year-old man was arrested at his house in Bandar Baru Bangi, Selangor at about 9.30am on Monday. On April 13, the three Barisan Nasional assemblymen – Datuk Rosol Wahid (Ajil), Zakaria Abdullah (Paka) and Abdul Halim Jusoh (Permaisuri) – lodged police reports after receiving the threatening SMS, believed to be connected to the latest political crisis in Terengganu. – Bernama

Perdana for Perak councillors IPOH: The Perak government is to buy the Proton Perdana Executive for use as the official car of the state executive councillors and ex-officio personnel, replacing the previous government’s Toyota Camry 2.4V cars which are to be auctioned off. Mentri Besar Datuk Seri Dr Zambry Abdul Kadir said the state government decided to revert to the Proton cars as they were a symbol of the nation’s pride. – Bernama

May 27 decision on BIMB’s counter-suit against Khalid KUALA LUMPUR: The High Court here yesterday fixed May 27 for decision on Bank Islam Malaysia Berhad’s (BIMB) application for a summary judgment in its counter-claim for US$18.52 million (RM66.67million) against Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim. Justice Datuk Rohana Yusof fixed the date after hearing submissions from both sides in chambers. Khalid initiated a suit against the bank on May 18, 2007, seeking damages and a declaration that there existed a collateral contract between him and BIMB side-by-side with the BBA agreement dated April 30, 2001. He also wanted a declaration that the BBA facility in isolation and without the Collateral Contract is null and void and that BIMB had breached the collateral contract and/or the BBA facility. The bank counter-sued on May 24, 2007, claiming that Khalid had breached the BBA agreement. – Bernama