MORE PICS & Video – Hindraf ISA 5 Habeas Corpus Trial Postponed Jan 24; Detainees Presence Sought;; Lawyers miffed - Circumvention Detention Process

Malaysiakini related story is on Hindraf 5: Lawyers want them in court and

Defense lawyers have asked the court to allow the five ISA detainees to be present at their habeas corpus trial, which was put off to next month. There is 12-member defense team and Opposition DAP Leader Lim K S asked PM Abdullah to come to court to testify.

ISA 5 apply to be present in court; R.Surenthira Kumar, theSUN
KUALA LUMPUR (Dec 26, 2007): The five men detained under the Internal Security Act (ISA) for their links with the unregistered Hindu Rights Action Force (Hindraf) sought to be present in court during the hearing of their habeas corpus writ applications.

The application was made through their lawyers in the High Court (ABOVE) here today.

The five (ABOVE Left to Right) , P.Uthaya Kumar, M.Manoharan, V.Ganabatirau, R.Kengadharan and K.Vasanta Kumar, had filed a suit against the Internal Security Minister and the commandant of the Kamunting detention camp in Taiping challenging that the detention is illegal. Judicial Commissioner Zainal Azman Abd Aziz set Jan 24, 25 and 28 to hear the case again and allow time for the Attorney-General to look into the application for the five men to be produced in court during the hearing.

ABOVE: Lawyers Karpal Singh who together with son Gobind Singh Deo & 7 others represented the Five

Lawyers Karpal Singh who together with Gobind Singh Deo and seven others represented the five men, said the case was fixed for mention today to fix a date for the hearing. He then made an oral application for the five men to be produced in court during the hearing. Karpal argued despite it not being a constitutional right for a person detained under the ISA to appear before the court, the discretion whether to allow or disallow the application still lies in the court’s hands. Karpal urged the court to consider the application and determine if there was necessity for the five detained to be present in court. He added the Internal Security Minister had issued the detention order under Section 8 of the ISA, thereby denying the detained men from putting up their defence in connection with the arrest.

ABOVE: DAP MPS for IPOH, Kulasegalan & Lim Kit Siang were there for support

He said the detention was also carried out without an in-depth investigation, as per under Section 73 of the Act. Karpal said it would cause inconvenience if the men are not produced in court during the hearing as the defence would have to travel to Kamunting to obtain further instructions from their clients. “The court should give consideration because this is a very substantial case and of significant public interest,” added Karpal. Moreover, the respondents (Internal Security Minister and Kamunting Camp commandant) have indicated they will be filing about 45 affidavits, said Karpal. Deputy Public Prosecutor Datuk Kamaludin Mohd Said, who was assisted by Abdul Wahab Mohamad, said they received the applications late last Friday and Monday evening. “Therefore, we seek for time to file about 40 to 45 affidavits and require between two to three weeks to tender the completed affidavits in court,” said Kamaludin. He then sought for a postponement to the third week of January to file the affidavits. Kamaludin also said they would have to consult Abdul Gani for further instructions on the application for the five men to be produced in court.

ABOVE: The crowd of supporters at the Court and BELOW: Lawyer Gobind Singh Deo briefing newsmen what happened in court today

“Its not an easy process as the Attorney-General (A-G) has to obtain the consent of the Internal Security Minister, which also involves the question of national security risk, before the detainees can be allowed to be produced in court,” said Kamaludin. Zainal Azman said since the applications to produce the five men in court was made in the last hour, the A-G has to be given time to consider the applications. Gobind meanwhile said the five men have been denied their rights, for their detention to be reviewed in 60 days, as the whole process has been circumvented by the imposition of the two-year detention order under Section 8 of the ISA. The five were detained on Dec 13 for allegedly taking part in a Nov 25 Hindraf illegal assembly and also for alleged seditious remarks made against the government. On Dec 19, the Ipoh High court summarily struck out the application for writ of habeas corpus filed for the release of Hindraf lawyer M. Manoharan who is detained under the ISA. Justice Muhamad Ideres Muhamad Rapee struck out the application on grounds that the copy of the detention order had not been certified.

Updated: 12:00AM Wed, 26 Dec 200

= == == = =Watch the Video Clips Compiled (3mins +) , 5 Hindraf ISA Detainees, the hours before, the protest at Kamunting and the events & Court cases.

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= = == = other VIP Judgments on Dec 27 07

December 26, 2007 17:43 PM

Federal Court To Deliver Judgement Tomorrow In Two Landmark Cases

PUTRAJAYA, Dec 26 (Bernama) -- The Federal Court is to deliver judgement tomorrow in two landmark cases -- one involving a suit by the Malaysian Bar challenging the appointment of a law lecturer as a judicial commissioner and the other an appeal by a Hindu mother of two who was told to go to the Syariah Court in her dispute with her Muslim convert husband over her matrimonial and custodial rights. The Federal Court reserved its judgement on October 22 on the interpretation of the Federal Constitution in the suit brought by the Malaysian Bar challenging the appointment of Dr Badariah Sahamid as a judicial commissioner. Court of Appeal president Datuk Abdul Hamid Mohamad (currently Chief Justice), presiding with Federal Court judges Datuk Nik Hashim Nik Ab Rahman, Datuk Hashim Yusoff, Datuk Azmel Maamor and Datuk Zulkefli Ahmad Makinudin, reserved judgment after hearing the submissions. The Malaysian Bar wants the appointment of Universiti Malaya lecturer Dr Badariah declared null and void and of no effect on the grounds that the appointment contravened Articles 122AB and 123 of the Federal Constitution which required a person to be a practising lawyer for 10 years before he or she could be appointed as a judicial commissioner.

In the custody case, R.Subashini, 29, a former secretary, is appealing the Court of Appeal's 2-1 majority decision on March 13 ruling that her husband Saravanan alias Muhammad Shafi Abdullah, 32, could go to the Syariah Court and commence proceedings to dissolve their marriage. The appellate court held that the Civil Court cannot stop a Muslim convert from going to the Syariah Court to dissolve his marriage with his non-Muslim spouse or from initiating proceedings relating to custody of their children. Subashini had brought her appeal to the Court of Appeal and Federal Court in an attempt to reverse the Family Court's decision to set aside her ex-parte injunction to temporarily prevent Saravanan from commencing proceedings in the Syariah Court over their marriage or conversion of their younger son. They have two children. Saravanan claims that the elder child had converted to Islam with him. On September 24, Federal Court Judge Datuk Nik Hashim Nik Ab Rahman, who headed the three-man bench, said the issues involved many constitutional points and the court needed time to consider the submissions of both parties. The other two judges were Datuk Abdul Aziz Mohamad and Datuk Azmel Ma'amor.