Uthaya's sedition: Decision on documents on Nov 4
Published: Oct 26, 2009 11:03 AM | Updated: Oct 26, 2009 11:09 AM
The Sessions Court today fixed Nov 4 to decide if the prosecution should give documents asked by lawyer P Uthayakumar to prepare his defence in the sedition charge against him.
The Sessions Court today fixed Nov 4 to decide if the prosecution should give documents asked by lawyer P Uthayakumar to prepare his defence in the sedition charge against him.
Judge Sabariah Othman set the date after hearing submissions by deputy public prosecutor Noorin Badarudin and defence lawyer N Surendran for Uthayakumar.
Earlier, Noorin submitted that the documents requested by the defence like the White Paper or report prepared by the police on the Kampung Medan incident in 2000 and the report on why the Malaysian Human Rights Commission (Suhakam) inquiry and the royal commission did not take place were irrelevant.
Noorin said the documents requested by the defence could not be given as they were not with the prosecution and that the prosecution did not propose to have them as evidence in court.
"The defence cannot ask the prosecution to produce the documents as the prosecution will not do so as they will not be needed as evidence later," said Noorin.
Documents important for defence
Uthayakumar, 48, is charged with publishing a seditious letter on the web. The charge carries a maximum RM5,000 fine or three years jail, or both, on conviction.
The letter dated Nov 15 is from Hindraf addressed to British Prime Minister Gordon Brown at 10, Downing Street, London.
Surendran said the accused would be prejudiced without the documents as without them his client could not prove his innocence.
"Why does the prosecution want to hide the documents when they are important in the case as the charge against my client involves ethnic cleansing that took place in Kampung Medan nine years ago," said Surendran.
He added that the documents were also important to ensure that the accused got a fair trial.
Uthayakumar, who was seated in the dock, got up suddenly and said the documents were very important as many letters had been sent to the (then) prime minister to find out the actual cause for the incident happening.
"The prosecution should be brave to produce the documents for as the saying goes if you right you have nothing to fear," said Uthayakumar.
- Bernama
Judge Sabariah Othman set the date after hearing submissions by deputy public prosecutor Noorin Badarudin and defence lawyer N Surendran for Uthayakumar.
Earlier, Noorin submitted that the documents requested by the defence like the White Paper or report prepared by the police on the Kampung Medan incident in 2000 and the report on why the Malaysian Human Rights Commission (Suhakam) inquiry and the royal commission did not take place were irrelevant.
Noorin said the documents requested by the defence could not be given as they were not with the prosecution and that the prosecution did not propose to have them as evidence in court.
"The defence cannot ask the prosecution to produce the documents as the prosecution will not do so as they will not be needed as evidence later," said Noorin.
Documents important for defence
Uthayakumar, 48, is charged with publishing a seditious letter on the web. The charge carries a maximum RM5,000 fine or three years jail, or both, on conviction.The letter dated Nov 15 is from Hindraf addressed to British Prime Minister Gordon Brown at 10, Downing Street, London.
Surendran said the accused would be prejudiced without the documents as without them his client could not prove his innocence.
"Why does the prosecution want to hide the documents when they are important in the case as the charge against my client involves ethnic cleansing that took place in Kampung Medan nine years ago," said Surendran.
He added that the documents were also important to ensure that the accused got a fair trial.
Uthayakumar, who was seated in the dock, got up suddenly and said the documents were very important as many letters had been sent to the (then) prime minister to find out the actual cause for the incident happening.
"The prosecution should be brave to produce the documents for as the saying goes if you right you have nothing to fear," said Uthayakumar.
- Bernama
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