Human Rights lawyer P Uthayakumar, who is facing two charges under the Penal Code, today applied for a review of the decision of the Sepang Magistrates' Court o­n Jan 21 to dismiss eight applications he made with regard to the contempt and criminal intimidation charges against him.

His lawyer M Manoharan submitted the petition to Shah Alam High Court judge Suriyadi Halim Omar.

According to the document, the eight applications denied by Sepang magistrate Norazmi Norawi were, among others, that there could be a possible conflict of interest o­n the magistrate's part as he is also the complainant or potential witness in the case.

Also denied was the application that there were "gross violations of (Uthayakumar's) human rights during his arrest and during his detention".

Uthayakumar was charged under Section 228 for alleged contempt of court and Section 506 for alleged criminal intimidation of a chief inspector. The two offences carry a maximum of two years jail and a fine, and a maximum of six months jail and a fine, respectively.

'Abuse of court process'

Speaking to malaysiakini at the Shah Alam High Court lobby, Manoharan said the two charges were "baseless" and pursued with "mala fide" (bad faith) in a high-handed manner.

"It is an abuse of the process of court and should therefore be dismissed pursuant to in particular to Section 173A of the Criminal Procedure Code," said Manoharan.

Uthayakumar claimed that he was unlawfully arrested at the doorstep of the Sepang Magistrate's Court o­n Jan 16 where he was present for the case of S Tharmarajen, a youth who died while in police custody.

The pro tem secretary-general of Parti Reformasi Insan Malaysia (Prim) was charged with contempt of court o­n the first day of the inquest of the 19-year-old youth who died in the Putrajaya lock-up.

Uthayakumar was kept overnight in the Sepang police station without having his statement recorded until the next day.

The lawyer later claimed he was badly treated by the police during his detention.

Stripped and photographed

"I was stripped of all my clothes except my underwear and had my photo taken (in that condition).

"I was arrested for two days for investigation, but up to now, a copy of the police report against me has never been shown to me," he added.

He was rearrested twice, in Sentul and Dang Wangi consecutively, immediately after his 'release' from the Sepang police station.

Uthayakumar claimed he was also denied access to legal representation although a score of lawyers showed up at the Sepang and Sentul police stations to see him.

He further alleged that the police were being "selective" in prosecuting him as he himself had lodged more than 100 reports against the police but no action was taken against them.

Upon his eventual release, he had even lodged two police reports against the police for "lodging a false police report" against him and for the "unlawful arrest, detention and police abuses while in custody".

The 10,000-strong Bar Council has criticised the police for 'harrassing' o­ne of their members.

"Charging a lawyer for intentionally insulting or causing interruption to any public servant while he is sitting in any stage of a judicial proceeding has destructive implications for all lawyers," said council chairperson Mah Weng Kwai.

"In view of the wide and serious ramifications of criminal prosecution o­n all Malaysian lawyers, the Bar Council calls for the charge against Uthayakumar to be withdrawn immediately,' he added.