TODAY has been a trying day. It did not begin well. We, Haris and I were instructed that we do not attend RPK's habeas corpus hearing at the Jalan Duta Court Complex. This was a difficult request to accede to, especially so because we thought we had been drumming for enough support for this event and more difficult if we do not appear. It was crushing to learn later on that not many turned up as we had expected. Doubly crushing as both of us were thoroughly reprimanded for our absence. Here is how one Jeyapalan viewed our absence:
The Phoenix Foundation said...
Where the dickens were u & all the other so called BLOGGERS, this morning? Why the ..... were u all not at JLN DUTA Court No 1?
Hiding or nursing a hang over?
Sudal lah ! Talk is cheap bit all of u ....no balls!
We were there!
But we are simple rakyaat!
I hope u r feeling good!
We are now 30,000!!!
RPK’s case began at
Malik (Imtiaz) informed the judge “We were told that last night Section 8 order was issued by the Minister of Home Affairs – applicant – detained in Kamunting.”
Prosecution answered ‘yes’ and said was told this morning. In his statements, he said that the police no longer had the authority re. RPK – shifted to the Home Affairs Minister. So the writ of H.c. is ‘ACADEMIC’!
Judge’s response: A lot of matters taken over by events… Detention order supersedes.
Malik: I totally disagree. ..We were informed this morning …We were not given any notice of this position. The police had our numbers…The Detention Order Section 8 is clearly ultra vires. (?)
He brought up cases e.g. Nasirudiin’s and Hindraf’s cases
Said counsel would file application that Section 8 is unconstitutional. “We contend that this is a life issue…Detention is in bad faith…Section 8 has flowed out of Section 73)…we say that the detention is in violation of Article 11 – freedom of religion.
Malik: The Minister can only be challenged on procedural grounds said the prosecution. I disagree. ..
Judge: Messy –Section 8 flows from Section 73. “If challenge the minister, there – overlapping. You may have a situation where there is duplication, overlapping. Better for you to concentrate on one…. If you do it together (Section 73 and Section 8) it will be messy. Easier to just do one.”
‘Academic’ and ‘ overtaken by events’ were the words that held currency at the court this morning in the hearing of the cases pertaining to Teresa Kok and Raja Petra. Because Teresa had already been released, the matter was said to be ‘academic’ by the judge. In the case of Raja Petra, the habeas corpus application was pronounced ‘academic’ by the prosecution because Section 73 had been superseded by the Section 8 Detention Order which the Home Minister had furtively sprung upon RPK late yesterday evening , so accordingly , authority was no longer with the police but with the Home Minister. Interesting that two cases back to back shared the same ‘event of superseding’ and that life cases of such monumental significance can be labelled ‘academic’. Not a coincidence by a long mile!
The fact that late last night the order had been issued and in the earlier part of yesterday the case had been moved from Friday to today, just goes to show how much respect there is for the law and the Federal Constitution!
New hearing : 28th October. Meanwhile, while many have nary a care during the forthcoming festivities, RPK who fought so hard for justice and righteousness in this nation languishes in Kamunting!
Moral of the story the authorities want to instill in us: DO NOT SPEAK THE TRUT
On the eve of the hearing when told that JC Suraya Othman was a fair person and soon to be promoted to Justice, I was hopeful for RPK. However my hopes crashed together with my respect for the soon-to-be-promoted Judicial Commissioner. I hope she sleeps well during this season of Ramadan.
Nobody likes it when you rub salt into a wound. This from Bernama:
Syed Hamid said the people should understand why the Government decided to use the ISA, as what was important was to turn offenders into members of society who could contribute to nation building.
He said to date, he had not received any official proposals to free the other ISA detainees.
”If there are, I will look at them. But again what is more important is for the detainees to change to be able to return to society and together with other citizens, take part in nation building,” he said.
Earlier I had written that some of the detainees were already in Kamunting for more than 6 years. I am saying now that if in 6 years you are unable to turn offenders into members of society who could contribute to nation building....then your method must be terribly flawed. I spent 14 days to train my alsatian dog into a guard dog and Kamunting cannot turn offenders into decent members of society. I suggest the Home Minister should take over the exercise as his officials are incapable and inadequate.
On Sunday, my friend TV Smith asked Ku Li at a pre-buka puasa session his take on the arrest of RPK under the ISA. This is Ku Li's reply: