ISA 8 trial: DPP hits OSA snag, Anwar appears
The judge in the Internal Security Act detainees trial has sought full disclosure of documents classified under the Official Secrets Act (OSA) in order for the DPP to proceed with his cross-examination on Mohd Ezam Mohd Noor today.
The judge in the Internal Security Act detainees trial has sought full disclosure of documents classified under the Official Secrets Act (OSA) in order for the DPP to proceed with his cross-examination on Mohd Ezam Mohd Noor today.
Justice Kang Hwee Gee told senior federal counsel Kamaludin Mohd Said that he could not ask questions pertaining to a document that has not been made available to all parties.
"If you can show to all of us, then do it now. If not, we will have to wait for you to show it to us," he said at a packed courtroom in Wisma Denmark, Kuala Lumpur.
Kamaludin was asking Ezam on events that took place during his 60-day detention under the ISA based on a document that was handed to him by the police.
It was then made known that the papers are minutes of the interrogation conducted by Special Branch officers on Ezam during his detention - clearly an OSA-classified document.
However, not only was the document not made available to the plaintiff's counsel, Sivarasa Rasiah, it also contained portions which are 'censored' (parts black-out).
Justice Kang warned that if the documents are not fully disclosed, the DPP would not be allowed to ask questions based on it. The document could also be rendered inadmissable because of the 'censored' parts.
Before this came to light, Ezam was being cross-examined on his whereabouts in 1998, of which he was accused by the DPP for leaving the country on the pretext of running away.
"I was meeting political leaders around Southeast Asia who were concerned with the political status in the country," he explained.
He referred to one worrying incident where former deputy premier Anwar Ibrahim was photographed with a black eye allegedly inflicted by then inspector-general of police (IGP) Abdul Rahim Noor.
'People already angry'
The DPP also asked if he has colluded with Anwar's former aide Khalid Jaafar to hold a press conference condemning then premier Dr Mahathir Mohamad in 1998, of which Ezam answered 'yes'.
He was then asked whether this had fanned public dissatisfaction towards the administration of Mahathir.
"I disagree because the people were already angry and unhappy towards the government when I was visiting neighbouring countries," Ezam answered prompting snickers from the public gallery.
Anwar, who made a surprised appearance in court today, sat in the packed courtroom alongside Special Branch officers and his supporters.
He stayed for about one hour before leaving, with Special Branch officers in tow.
The ISA 8 - Ezam, Tian Chua, Hishamuddin Rais, Saari Sungib, Badaruddin Ismail, Badrulamin Bahron, Abdul Ghani Haroon and N Gobalakrishnan - are suing the government in damages for unlawful arrest, detention for breach of constitutional rights and defamation.
In April 2001, the plaintiffs were detained for up to two years by then IGP Norian Mai under Section 73(1) ISA 1967 for allegedly acting in a manner prejudicial to the security of the country.
They were detained on the grounds that they were militants and reformasi activists who intended to use violent means vis a vis molotov cocktails, bombs and grenade launcher to overthrow the government of Malaysia.
The suit has named the IGP, minister of home affairs and the government as defendants.
The hearing continues tomorrow.

