> Uthaya's sedition trial in February

Hindu Rights Action Force (Hindraf) leader P Uthayakumar's sedition hearing has been fixed for Feb 3-5, when the Kuala Lumpur Sessions Court will hear further arguments on alleged bias by the attorney-general (AG).

The proceedings today were adjourned after lead defence counsel M Manogaran contended that there is an "element of bias" in the charge sheet and consent form which were signed by AG Abdul Gani Patail.

 

The consent form is issued under Section 5 of the Sedition Act 1948, which states that "no person shall be prosecuted for an offence under section 4 ... without the written consent of the Public Prosecutor".

 

Manogaran cited a court case on Dec 5, 2007 when Uthayakumar and the AG shouting at one another over a charge of ‘attempted murder’ levelled against 31 Hindraf supporters who had gathered at the Batu Caves temple grounds the night before a mass rally on Nov 25, 2007.

 

Manogaran claimed that there was "bad blood between them" because Abdul Gani had accused "some Hindraf members of meeting with LTTE” (Liberation Tigers of Tamil Eelam – a Sri Lankan separatist group). 

 

However, Sessions Judge Sabariah Othman interjected, asking Manogaran the relevance of objecting to the charge.

"Consent is necessary (as it is the) integral part of the charge… (but) he (the AG) himself has released the charge sheet," said Manogaran.

 

"Gani Patail appears to have a personal interest in this case. He wants Uthayakumar to be prosecuted and convicted. I think it is very pertinent. The consent and charge sheets were filed and signed by the same person."

 

Deputy Public Persecutor (DPP) Raja Rozela Raja Toran said "whether the consent form is valid or not or whether there it is bias or not should have been addressed on Dec 11, 2002".

 

"The AG was there at that time and he could have answered your queries," said Raja Rozela.

 

"This is an application that is an ambush… this a delaying tactic by the defence counsels. We have been ready since this morning and our witnesses are ready." 

The judge said she would decide on the issue of bias when the hearing resumes in February. Manogaran told her that the defence would raise further objections then. 

 

Uthayakumar (left) has claimed trial to the sedition charge, based on a letter he had posted on a website. Dated Nov 15, 2007, it was sent from Hindraf’s main office in Seremban.

The letter, addressed to British Prime Minister Gordon Brown, highlighted alleged marginalisation of Indian Malaysians. It also sought the British government’s help to move an emergency UN resolution condemning ‘ethnic cleansing’ in Malaysia.

Uthayakumar has been held under the Internal Security Act (ISA) since Dec 13 last year for organising Hindraf activities.

He had been charged with sedition on Dec 11 and was on RM50,000 bail before being arrested two days later under the ISA, which provides for detention without trial.

Section 4 (1)(c) of the Sedition Act 1948 carries a fine not exceeding RM5,000 or a jail term not exceeding three years, or both for a first offence.

Apart from Manogaran, the defence team comprises N Surendran and AS Dhaliwal - Malaysiakini.