Hindraf 5: Lawyers want them in court

Source : Malaysia Kini

The lawyers of the five Hindu Rights Action Force (Hindraf) members who were held under the Internal Security Act (ISA) want the court to allow the detainees to be present during their habeas corpus trial.

The court hearing, which was set for today at the Kuala Lumpur Magistrates’ Court, was however been postponed to Jan 24 to 28.

High Court judge Zainal Azman put off the hearing after the prosecution team, led by senior deputy public prosecutors Kamaludin Md Said and Abdul Wahab Mohd, said that they needed more time to prepare for the hearing.

“We will need at least three weeks to file in the 40 affidavits and prepare our case,” said Kamaludin.

The defence lawyers have earlier applied for a habeas corpus hearing last week in a bid to seek the release of the ISA detainees.

Habeas corpus is a writ ordering prisoners to be brought before a judge to ascertain if there are any procedural defects which could render their detention unlawful.

Lawyer Gobind Singh Deo (right) along with his father, DAP chairperson Karpal Singh - who led a 12-member defence team - argued that it was imperative for the detainees to be present during the trial in order to challenge the affidavits.

“It is much more convenient for the defense counsels to have their clients present during trial as it would assist us immensely when cross-examining the affidavits,” said Gobind.

They also said that it would be easier for the lawyers to communicate with their clients - who are currently being detained in Kamunting, Perak; about four hours away from Kuala Lumpur - if they were present during the hearing.

Furthermore, the lawyers argued that under section 17 and 18 of the ISA, the attorney-general (AG) can use his discretion to allow detainees to be produced in court during their trial.

But the prosecutors however argued that the AG must first have the consent of the internal security minister - who is Prime Minister Abdullah Ahmad Badawi - before he can let the five from the Kamunting Detention Centre to be brought to court.

Judge Zainal Azman then instructed the prosecutors to consult with the AG to see if the prosecution team had any problems with having the five in court.

Gobind when met after the hearing said that they would write a letter to the AG’s Chambers and the Internal Security Ministry on the matter.

The five detained Hindraf leaders are lawyers P Uthayakumar, 46, M Manoharan, 46, R Kengadharan, 40, V Ganabatirau, 34, and former bank officer K Vasantha Kumar, 34.

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