When the police failed to produce an African businessman in court for his bail application today, his lawyer sought to have the matter heard immediately in his client's absence.

Lawyer Sankara Nair (photo) made the application at the Kuala Lumpur magistrate's court after prosecuting officer Fahmi Abdullah told the court that they could not produce Elhadj Ousmane Sylla.

However, magistrate Sayani Mohd Nor turned down the application, stating that the matter must be heard in the presence of the accused, who faces two charges of overstaying in the country.

Ousmane, who is from Republic of Guinea in western Africa, is currently hospitalised at the Universiti Malaya Medical Centre for a diabetes-related condition.

He claimed that the lack of proper medical care while he was in custody had led to one of his toes having to be amputated. He wants to obtain bail so that he can seek treatment of his choice.

The magistrate set June 30 for hearing.

Second time

Sankara told malaysiakini that this was the second time the police had failed to produce his client in court, the first being last Friday when the case was mentioned.

"The prosecuting officer told the court that he could not get the doctor's approval to release my client from the hospital. But it is their duty to ensure that such things get done," he said.

He said he has informed Ousmane of the latest development.

"My client is upset with the postponement but is relieved that an early hearing has been fixed."

Sankara said he hoped that the matter can be settled immediately considering Ousmane's medical condition.

He said the prosecution had also informed the court that the Attorney-General's Chambers has issued a directive to object to the bail application. The grounds for objection were not mentioned..

Ousmane was arrested on April 13 at the Sri Petaling Hotel and was subsequently remanded for breaching the Immigration Act 1963.

On April 27, he was brought to the court and charged with two counts of overstaying and was subsequently remanded at the Sungai Buloh prison.

In his affidavit in support of the bail application, Ousmane said he had informed the relevant authorities of his diabetic condition and that his toe was injured and bruised. However, the authorities did not provide him proper medical treatment, he claimed.

"On May 8, after much persuasion and more complaints to the Sungai Buloh prison authorities, I was finally admitted to Universiti Malaya Medical Centre," he said in the affidavit.

"Since my diabetes was in an advanced stage, my toe turned gangrenous and upon medical advice it was duly amputated."