Justice For All Malaysia

Komathy rules

Posted on: October 9, 2008

Sodomy trial: High Court rejects prosecution bid
Beh Lih Yi | Oct 8, 08 1:09pm Malaysiakini.com

The prosecution team in Anwar Ibrahim’s sodomy trial suffered another blow when the High Court rejected its application to review a decision by the Sessions Court yesterday.

The lower court had yesterday ruled to hear the merits of an objection raised by Anwar’s legal team against the prosecution application to transfer the case to a higher court.

The prosecution had filed the application yesterday to review the decision of Sessions judge SM Komathy Suppiah who had dismissed the prosecution’s objection to a hearing on the proposed transfer of Anwar’s sodomy case.

Komathy had ruled that she had the discretion to hear submissions on the defence objection questioning the validity of the certificate produced by the prosecution to transfer the case to the High Court.

In doing so, she rejected the preliminary objection by the prosecution which contended that it was mandatory for the Sessions Court, under Section 418A (3) of the Criminal Procedure Code, to transfer the case to the High Court once the transfer certificate had been issued by the prosecution.

The High Court’s rejection to hear the review was made through a letter dated yesterday and addressed to chief prosecutor of the case, Mohd Yusof Zainal Abiden.

A copy of the one-page letter was also sent to Komathy and Anwar’s lawyers.

High Court judge not satisfied

The letter, which was signed by KL High Court senior assistant registrar Haslina Basarudin, said that the prosecution application for the review was referred to High Court judge Mohamad Zabidin Mohd Diah yesterday.

“After studying the letter, the judge is of the view that the revision on the ruling concerning the preliminary objection which was made by the learned Sessions Court judge shouldn’t be made at this stage,” said Haslina.

“The learned Sessions Court judge should be given the chance to hear and decide on the merits of the preliminary objection of the defence (on the case transfer) before any action of revision is made.

the charge against anwar ibrahim sodomy allegation trial 070808″Therefore the hearing in merits of the defence’s preliminary objection should continue in the Sessions Court,” she added.

Meanwhile, back in the Sessions Court, justice Komathy today continued to hear submissions from Anwar’s lawyers on why they were objecting the prosecution application to transfer the case to the High Court.

Anwar, 60, has been charged in the Sessions Court with sodomising his former aide, Mohamad Saiful Bukhari Azlan, in a condo four months ago.

The prosecution later sought to have the case transferred to the High Court but the defence argued that the certificate of transfer was invalid because it was signed by attorney-general Abdul Gani Patail who was being investigated by the Anti-Corruption Agency following a police report filed by Anwar.

Later, when met by reporters during a break in the trial, Mohd Yusof rejected claims that the High Court rejection was a blow to the prosecution.

“Nothing is final until it is final,” he said.


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Must Attend Program

Please go to this link: https://justice4allkuantan.wordpress.com/2008/10/25/invitation-public-forum-the-isa-and-the-police-reform-process-whats-next-after-pak-lah/
To sin by silence when we should protest makes cowards of people - Emily Cox

Siphoning EPF money

On 'Why should Valuecap borrow from EPF?' Syed Shahir Syed Mohamud: MTUC condemns the government's move to bail out Valuecap to support the local stock market using RM5 billion from EPF, as the provident fund is the custodian of the workers' money and not some sort of ‘automated teller machine' for the government.
If at all the EPF were to lend its money to the government, it has to be under the condition that there be transparency and accountability in the activities for which the money has been purposed. We want to know who is doing what with the money that belongs to the workers. This is the hard-earned money of the workers, their retirement plan. How is this bailout plan going to benefit the workers? We also question the reason for this bailout. If the economic fundamentals in Malaysia are strong and reserves sufficient as has been stated several times by the government, then why is there a need to offer so much money to the GLCs? Second Finance Minister Nor Mohamed Yakcop should prove how the EPF would profit from this loan. Bernama had reported that Nor had given the assurance that the loan given out by EPF would reap profits for the fund judging from Valuecap's past performance. But where is the paperwork and calculations to show that this move will benefit the EPF? MTUC is concerned that the loan might be mismanaged or misused and this, in turn, would affect the returns for the contributors. Mere assurances are not enough. We want to proof that this RM5 billion will not go down the drain. (The writer is president, MTUC). Sharyn: The government wants to use our pension money to prop up the Malaysian stock market which is the playing field of the rich people. If so, the government must ensure that the EPF account holders - who are predominantly the poor to average citizens of Malaysia - be guaranteed all of our pension money with a compound 8% growth (interest). It's so selfish and sick of the government to use the poor's pension money to help the rich to make more money with all the risks taken by the poor/average citizen. We can better use the RM% billion loans to Valuecap for our children's education, shelter, medical bills etc. Why not get those rich people to prop up the share market instead? Why should they park their money overseas and gamble with our EPF money instead? Kumar14: Who is behind this Valuecap organisation? Why suddenly, this separate entity is allowed to access funds from the EPF? Are they capable enough to handle it or is it just another desperate and blind move? It has been a very infamous trend where the people's funds are channeled to a company for investment purposes and suddenly POP! the funds disappear and there is nobody to be held responsible but a RM2 shell company. Charge who? Sue whom? The RM2 company (just a registered name)? We have seen this many times. People in power and with connections allow such things to go through and reap/rob the people's wealth and then blame it on organisations which actually don't exist. What if a lot of EPF funds are looted via such scams and nobody is to be pointed at? Where will the government get the funds to replenish the EPF? The people are very bored, disappointed, angry and frustrated at seeing all these dumb and unaccounted for measures being allowed by the government with lame excuses. Please, somebody verify the true purpose, integrity and capability of anybody attempting to use the people's fund.

Raja Petra

Photobucket Ihsan dari blog Go!Malaysian http://gomalaysian.blogspot.com/


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