Judge rules he will continue to hear Al-Maunah case
K KabilanPublished: Jan 15, 2001 6:15 AM | Updated: Jan 29, 2008 6:21 PM
The Kuala Lumpur High Court judge hearing the Al-Ma'unah treason trial said today that he will not disqualify himself from hearing the case.
The continuation of the hearing today after a four-week break also saw three other group members indicating that they will plead guilty to an alternative charge of preparing to wage war and five others seeking an application for the alternative charge.
Justice Zulkefli Ahmad Makinudin said that he will continue to hear the case against the group members and dismissed an application by counsel Karpal Singh for the judge to disqualify himself from further hearing the case.
He gave assurance that he will not be biased in hearing the matter.
Karpal, acting for Al-Ma'unah leader Mohd Amin Mohd Razali, applied on the grounds that Zulkefli might be prejudiced against the other 23 accused persons following the 10 years' jail sentence each he imposed on six other group members who had pleaded guilty.
Element of bias
Karpal said that although he was constrained to make the application, there should not be any element of bias by the judge after having heard the pleas of guilt and the detailed facts of the case of the six accused persons.
Karpal made the application on Dec 7 following Zulkefli's sentencing of the six for an alternative offence preparing to wage war against the Yang di-Pertuan Agong.
All 29 were originally charged under section 121 of the Penal Code for waging war or abetting to wage war against the Agong which carries the sentence of death or life imprisonment and a fine if found guilty. (Twenty-nine Al-Ma'unah members claim trial, Aug 9)
They are alleged to have committed the offence between June and July 6, last year, at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak.
They are alleged to have carried an arms heist from two military camps by duping the soldiers at the camps that they were there to conduct an arms inspection in the early hours of July 2.
Fourteen of them were then offered on Dec 4 an alternative charge under section 122 of the Penal Code of collecting men and arms to prepare to wage war against the Agong, and six took the offer and pleaded guilty
Judged on evidence
Zulkefli, who ruled on the matter today, said he will judge the rest of the 23 accused persons solely on evidence tendered against them and on their defence.
"It is unavoidable that the facts of the case of the six already sentenced are related to the other 23 as they are all charged together for causing the same offence," he added.
Zulkefli said that it would not jeopardise the case against the 23 if he continued to hear the matter.
"I have made no comments, or criticised the 23, on their involvement in this case. I believe the public will not perceive me of being prejudicial if I continue," he said.
He added that even if a new judge were to hear the case afresh, evidence regarding the already sentenced six and their involvement with the group will come up again.
Zulkefli also said that it was not in the interest of the justice if the case against the 23 were to be heard from the beginning again before another judge.
More to plead guilty
"So far 56 prosecution witnesses have appeared and given evidence, large numbers of weapons have been identified and tendered to the court, the court has visited the place of the incident in Bukit Jenalik and the court has presided at the Police Training Centre in Kuala Lumpur to see the weapons taken from the camps," he said.
Following Zulkefli's ruling, the court was then informed that three other defendants were ready to plead guilty under the alternative charge. No plea was taken from them today.
Senior deputy public prosecutor Abdul Gani Patail also told the court that five other defendants had made representations to the Attorney-General's chambers for an alternative charge.
He said that the AG chambers needed time to study the applications and sought a postponement until tomorrow, which Zulkefli allowed.
The continuation of the hearing today after a four-week break also saw three other group members indicating that they will plead guilty to an alternative charge of preparing to wage war and five others seeking an application for the alternative charge.
Justice Zulkefli Ahmad Makinudin said that he will continue to hear the case against the group members and dismissed an application by counsel Karpal Singh for the judge to disqualify himself from further hearing the case.
He gave assurance that he will not be biased in hearing the matter.
Karpal, acting for Al-Ma'unah leader Mohd Amin Mohd Razali, applied on the grounds that Zulkefli might be prejudiced against the other 23 accused persons following the 10 years' jail sentence each he imposed on six other group members who had pleaded guilty.
Element of bias
Karpal said that although he was constrained to make the application, there should not be any element of bias by the judge after having heard the pleas of guilt and the detailed facts of the case of the six accused persons.
Karpal made the application on Dec 7 following Zulkefli's sentencing of the six for an alternative offence preparing to wage war against the Yang di-Pertuan Agong.
All 29 were originally charged under section 121 of the Penal Code for waging war or abetting to wage war against the Agong which carries the sentence of death or life imprisonment and a fine if found guilty. (Twenty-nine Al-Ma'unah members claim trial, Aug 9)
They are alleged to have committed the offence between June and July 6, last year, at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak.
They are alleged to have carried an arms heist from two military camps by duping the soldiers at the camps that they were there to conduct an arms inspection in the early hours of July 2.
Fourteen of them were then offered on Dec 4 an alternative charge under section 122 of the Penal Code of collecting men and arms to prepare to wage war against the Agong, and six took the offer and pleaded guilty
Judged on evidence
Zulkefli, who ruled on the matter today, said he will judge the rest of the 23 accused persons solely on evidence tendered against them and on their defence.
"It is unavoidable that the facts of the case of the six already sentenced are related to the other 23 as they are all charged together for causing the same offence," he added.
Zulkefli said that it would not jeopardise the case against the 23 if he continued to hear the matter.
"I have made no comments, or criticised the 23, on their involvement in this case. I believe the public will not perceive me of being prejudicial if I continue," he said.
He added that even if a new judge were to hear the case afresh, evidence regarding the already sentenced six and their involvement with the group will come up again.
Zulkefli also said that it was not in the interest of the justice if the case against the 23 were to be heard from the beginning again before another judge.
More to plead guilty
"So far 56 prosecution witnesses have appeared and given evidence, large numbers of weapons have been identified and tendered to the court, the court has visited the place of the incident in Bukit Jenalik and the court has presided at the Police Training Centre in Kuala Lumpur to see the weapons taken from the camps," he said.
Following Zulkefli's ruling, the court was then informed that three other defendants were ready to plead guilty under the alternative charge. No plea was taken from them today.
Senior deputy public prosecutor Abdul Gani Patail also told the court that five other defendants had made representations to the Attorney-General's chambers for an alternative charge.
He said that the AG chambers needed time to study the applications and sought a postponement until tomorrow, which Zulkefli allowed.
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