Thesun 2009-04-29 Page03 Federal Court Sends Suit Back To High Court

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| WEDNESDAY APRIL 29 2009

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PR disagrees with ban on ‘pondok panas’ by Giam Say Khoon [email protected]

KUALA LUMPUR: The Pakatan Rakyat (PR) disagrees with the Election Commission’s (EC) decision to ban the setting up of pondok panas outside the polling centres. At a joint press conference yesterday, PAS election director Datuk Mustafa Ali said the PR had explained to the EC last week that the supporters did not create any big problems during the past by-elections and that the EC also agreed the by-elections

were conducted smoothly. “We have given our explanation and the EC seemed to have accepted it but we do not understand why it still imposed such a ban,” he said. “The statement by the EC was not reasonable and we will make another appointment with the commission on Thursday or next week to sort the issue out.” On Monday, EC chairman Tan Sri Abdul Aziz Mohd Yusof announced the ban on the pondok panas, or voter reference stations, and warned of severe action against those who ignore the

election regulations. PKR vice-president R. Sivarasa said the decision “has gone against the law” because the Election Offences Act 1954 allows for the setting up such stations 50m away from the polling centres. “Under the act, we are also allowed to canvas for votes 50m away from the polling centres but not house-tohouse campaigning or ceramah on the polling day,” he said. “We are also allowed to use the pondok panas to help the voters check their status and verify their identity

Written consent in order, court tells Karpal by S. Tamarai Chelvi [email protected]

KUALA LUMPUR: The High Court here yesterday rejected a preliminary objection raised by lawyer Karpal Singh that a written consent submitted in his sedition case is null and void. Judicial Commissioner Azman Abdullah said the written consent is almost the same as other written consents, usually issued to cases with heavier penalty. “The consent in this case is signed by the attorney-general, which has higher value as it was considered by the A-G himself and not his deputy,” Azman said. Karpal informed the court he would appeal against Azman’s

decision in the Court of Appeal. DPP Manoj Kurup asked for a trial date to be fixed and told the court he would be calling 45 witnesses. Azman fixed Aug 12 to 14 and Aug 18 to 21 for the hearing. Karpal is charged with uttering seditious words relating to 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, Dang Wangi on Feb 6. Outside the court, Karpal told reporters he would be filing his appeal yesterday. Last week, Karpal applied to the High Court to give him a discharge not amounting to acquittal because he said the written consent was null, void and of no effect.

122B(b)(bb), read with Section 122C(c) of the Securities Industry Act 1983, carries a jail term of up to 10 years or a fine of not more than RM3 million or both, upon conviction. Judge Rosbiahanin Arifin allowed Yue bail of RM100,000 in one surety and ordered his passport to be impounded. The court fixed May 29 for re-mention. The prosecution was conducted by Securities Commission prosecuting officer Chong Loong Man. Yue was represented by lawyer S.C. Chan. – Bernama

theSun says: Say ‘no’ to child conversion pg 12

Police presence ... Mohd Sabtu puts up a Rakan Cop sticker on a train.

PUTRAJAYA: The Federal Court ruled yesterday the dispute between Datuk Dr Zambry Abdul Kadir and Datuk Seri Mohammad Nizar Jamaluddin on who is the rightful Perak mentri besar will be heard and determined by the High Court. The five-man bench, headed by Court of Appeal President Tan Sri Alauddin Mohd Sheriff, unanimously held that there were disputed facts in this case relating to two affidavits affirmed by Nizar and Perak Legal Adviser Datuk Ahmad Kamal Md Shahid. The proceedings to examine Kamal’s affidavit will be heard before High Court judge Datuk Abdul Aziz Abd Rahim on Monday. This is the second time the case has been remitted back to the High Court. The first was on March 23 when the Federal Court ruled that issues involving the interpretation of Article 16(6) of the Perak Constitution must be heard and decided at the High Court, and could only be brought to the Federal Court by way of appeal. Alauddin, Chief Judge of Malaya Datuk Ariffin Zakaria and Federal Court justices Datuk Zulkefli Ahmad Makinuddin, Datuk Wira Mohd Ghazali Mohd Yusuf and Datuk James Foong were yesterday supposed to hear Zambry’s application, filed on April 21, to seek a declaration that he is the rightful

Tighter security at LRT stations

mentri besar. With the sitting of the five-man panel, Nizar’s request for a nineman bench to hear the case was turned down. During yesterday’s proceedings, Nizar’s counsel, Sulaiman Abdullah, objected to Zambry’s application on the grounds that there were disputed facts on the dissolution of the Perak state legislative assembly. The application is scheduled to be heard in the High Court next week. Sulaiman said there was contradiction between what was affirmed by Kamal in his affidavit with what actually happened in the meeting between Nizar and Sultan Azlan Shah on Feb 4. According to Sulaiman, Nizar’s affidavit read: “I affirm that when I had an audience with His Royal Highness the Sultan, I never stated and did not inform, and never suggested to H.R.H. the Sultan that there was loss of confidence in me as mentri besar by the majority of the state legislative assembly. I also never recommended to H.R.H. the Sultan to dissolve the state legislative assembly in accordance with Article 16(6) of the Perak Government Constitution. “Referring to the legal adviser’s affidavit, I state that Datuk Ahmad Kamal’s version on what had happened was wrong and inaccurate.”

briefs Bid to put up second tree plaque foiled

by Charles Ramendran [email protected]

KUALA LUMPUR: Five hundred employees of public transport operator RapidKL will be trained as auxilliary police personnel to beef up security at Light Rail Transit (LRT) stations in the Klang Valley. Kuala Lumpur police chief DCP Datuk Mohd Sabtu Osman said yesterday this follows the increased occurrences of crime at the stations this year. Twelve cases of pick-pocketing and snatch theft have been been reported since January, compared to 24 reported throughout last year. Mohd Sabtu, who launched a joint

MCA information and communications bureau chief Lee Wei Keat said the party supported the ban by the EC because it will eliminate tension caused by the party supporters. “I believe the voters would have made up their minds when they go to cast their votes but the EC must be more efficient in conducting the polling process so that the voters can check their status easily,” he told theSun. He said the ban will also help the political parties to save the cost of setting up the stations.

Federal Court sends suit back to High Court

Auditor charged with giving confusing statement KUALA LUMPUR: An auditor pleaded not guilty in the sessions court here yesterday to abetting construction firm United U-Li Corporation Berhad in giving a confusing statement to Bursa Malaysia Securities Berhad. Yue Chi Kin, 41, was alleged to have committed the offence at Bursa Malaysia in Bukit Kewangan here on April 28, 2005. According to the charge sheet, the confusing statement was found on page 15 of the company’s annual report and financial statements for the year ended Dec 31, 2004. The charge under Section

under Section 26(1)(e) of the act.” Sivarasa said placing uniformed policemen at appropriate places around the polling centres will help defuse the tension among the supporters “but not the Federal Reserve Unit as its presence would create fear”. On the statement by Malaysians for Free and Fair Elections (Mafrel) that the political parties had breached the campaign moratorium, Sivarasa said the authorities may act on the political parties if their supporters had done so “but we will ensure that our supporters will not do it”.

crime prevention campaign between police and RapidKL at Central Market here, said 80 RapidKL staff have been trained as auxilliary police personnel so far and the rest will undergo their training in phases in the coming months. At another function at Kuala

Lumpur Hospital, Deputy InspectorGeneral of Police Tan Sri Ismail Omar said police will work closely with the Health Ministry to assist in fighting the swine flu outbreak. He said police personnel will be stationed at all entry points to monitor those entering the country.

IPOH: The City Council foiled an attempt yesterday by a group of men to rebuild the “Tree of Democracy” plaque to mark an emergency state assembly meeting held under a rain tree on March 3. The council had demolished the original plaque on March 15, saying it was an illegal structure under Section 46 (1) (a) of the Street, Drainage and Building Act 1974. A council spokesman said enforcement officers ordered a group of men to stop building a new plaque as no approval had been given. When the enforcement unit arrived, two men were busy working on the site but the rest left upon seeing the officers, the spokesman said. – Bernama

Sulaiman also submitted Kamal had represented Zambry when the case was called for mention before Judicial Commissioner Mohamad Ariff Md Yusof on Feb 18. “Datuk Kamal had appeared for Zambry and clearly showed that he was not neutral,” said Sulaiman. He also said that on the principle of res judicata (a matter already judged), the application should not be heard by the Federal Court as the same application on the same issue had been determined by the same court on March 23. Counsel Datuk Cecil Abraham, for Zambry, said in reply there was documentary evidence based on two letters written by Nizar to the sultan on Feb 4 and 5 to show that there were no disputed facts as claimed by the respondent. He also said the principle of res judicata was not applicable because the issue of Article 63 did not arise at the hearing before the Federal Court on March 23. Present during the proceedings were Attorney-General Tan Sri Abdul Gani Patail as the intervener, counsel Mohd Reza Hassan, who holds a watching brief for Barisan Nasional, and assistant Perak legal adviser Zulqarnain Hassan. Outside the court, Nizar told reporters yesterday’s decision was a sign the Perak political crisis could reach a final settlement. – Bernama

Labourer jailed for ammo possession KOTA BARU: A labourer was sentenced to seven years jail and 12 strokes of the rotan by the High Court here yesterday after he pleaded guilty to three counts of unlawful possession of a gun and ammunition five years ago. Mohd Razali Mohammad, 26, of Kampung Bechah Laut, Tanah Merah, was jailed for five years and ordered to be given six strokes of the rotan on the first charge of unlawful possession of a homemade pistol in Pasir Puteh. He was sentenced to another seven years jail and six strokes of the rotan for consorting with a person carrying the firearm. Mohd Razali was given another three years jail for unlawful possession of 12-bore ammunition. Justice Datuk Mohd Azman Husin ordered Mohd Razali to serve the sentence concurrently from the date of his arrest on Aug 17, 2004. – Bernama