theSun | WEDNESDAY APRIL 29 2009 œ3

news without borders

PR disagrees with ban on ‘pondok panas’

by Giam Say Khoon
newsdesk@thesundaily.com
KUALA LUMPUR: The Pakatan Rakyat
(PR) disagrees with the Election Com-
mission’s (EC) decision to ban the
setting up of pondok panas outside
the polling centres.
At a joint press conference yes-
terday, PAS election director Datuk
Mustafa Ali said the PR had explained
to the EC last week that the support-
ers did not create any big problems
during the past by-elections and that
the EC also agreed the by-elections
were conducted smoothly.
“We have given our explanation
and the EC seemed to have accepted
it but we do not understand why it still
imposed such a ban,” he said.
“The statement by the EC was not
reasonable and we will make another
appointment with the commission
on Thursday or next week to sort the
issue out.”
On Monday, EC chairman Tan Sri
Abdul Aziz Mohd Yusof announced the
ban on the pondok panas, or voter ref-
erence stations, and warned of severe
action against those who ignore the
election regulations.
PKR vice-president R. Sivarasa said
the decision “has gone against the
law” because the Election Offences
Act 1954 allows for the setting up such
stations 50m away from the polling
centres.
“Under the act, we are also allowed
to canvas for votes 50m away from
the polling centres but not house-to-
house campaigning or ceramah on the
polling day,” he said.
“We are also allowed to use the
pondok panas to help the voters check
their status and verify their identity
under Section 26(1)(e) of the act.”
Sivarasa said placing uniformed po-
licemen at appropriate places around
the polling centres will help defuse
the tension among the supporters
“but not the Federal Reserve Unit as
its presence would create fear”.
On the statement by Malaysians for
Free and Fair Elections (Mafrel) that
the political parties had breached the
campaign moratorium, Sivarasa said
the authorities may act on the political
parties if their supporters had done so
“but we will ensure that our support-
ers will not do it”.
MCA information and communica-
tions bureau chief Lee Wei Keat said
the party supported the ban by the
EC because it will eliminate tension
caused by the party supporters.
“I believe the voters would have
made up their minds when they go
to cast their votes but the EC must
be more efficient in conducting the
polling process so that the voters
can check their status easily,” he told
theSun.
He said the ban will also help the
political parties to save the cost of
setting up the stations.

Written consent in order,

court tells Karpal
by S. Tamarai Chelvi
newsdesk@thesundaily.com
KUALA LUMPUR: The High
Court here yesterday rejected
a preliminary objection raised
by lawyer Karpal Singh that a
written consent submitted in his
sedition case is null and void.
Judicial Commissioner Az-
man Abdullah said the written
consent is almost the same as
other written consents, usu-
ally issued to cases with heavier
penalty.
“The consent in this case is
signed by the attorney-general,
which has higher value as it was
considered by the A-G himself
and not his deputy,” Azman
said.
Karpal informed the court he
would appeal against Azman’s
Auditor charged with giving
confusing statement
KUALA LUMPUR: An auditor
pleaded not guilty in the sessions
court here yesterday to abetting
construction firm United U-Li
Corporation Berhad in giving a
confusing statement to Bursa
Malaysia Securities Berhad.
Yue Chi Kin, 41, was alleged
to have committed the offence
at Bursa Malaysia in Bukit Ke-
wangan here on April 28, 2005.
According to the charge
sheet, the confusing statement
was found on page 15 of the
company’s annual report and
financial statements for the year
ended Dec 31, 2004.
The charge under Section
decision in the Court of Appeal.
DPP Manoj Kurup asked for
a trial date to be fixed and told
the court he would be calling 45
witnesses.
Azman fixed Aug 12 to 14 and
Aug 18 to 21 for the hearing.
Karpal is charged with utter-
ing seditious words relating to
the Sultan of Perak over the po-
litical crisis in the state between
noon and 12.30pm at Messrs
Karpal Singh & Co on Jalan Pudu
Lama, Dang Wangi on Feb 6.
Outside the court, Karpal told
reporters he would be filing his
appeal yesterday.
Last week, Karpal applied
to the High Court to give him
a discharge not amounting to
acquittal because he said the
written consent was null, void
and of no effect.
122B(b)(bb), read with Section
122C(c) of the Securities Industry
Act 1983, carries a jail term of up
to 10 years or a fine of not more
than RM3 million or both, upon
conviction.
Judge Rosbiahanin Arifin
allowed Yue bail of RM100,000
in one surety and ordered his
passport to be impounded.
The court fixed May 29 for
re-mention.
The prosecution was con-
ducted by Securities Commis-
sion prosecuting officer Chong
Loong Man.
Yue was represented by
lawyer S.C. Chan. – Bernama
Federal Court sends suit
back to High Court
PUTRAJAYA: The Federal Court
ruled yesterday the dispute between
Datuk Dr Zambry Abdul Kadir
and Datuk Seri Mohammad Nizar
Jamaluddin on who is the rightful
theSun Perak mentri besar will be heard
says: and determined by the High Court.
The five-man bench, headed
Say ‘no’ by Court of Appeal President
to child Tan Sri Alauddin Mohd Sheriff,
conversion unanimously held that there were
disputed facts in this case relating
pg 12 to two affidavits affirmed by Nizar
and Perak Legal Adviser Datuk
Ahmad Kamal Md Shahid.
The proceedings to examine
Kamal’s affidavit will be heard be-
fore High Court judge Datuk Abdul
Aziz Abd Rahim on Monday.
This is the second time the case
has been remitted back to the High
Court.
The first was on March 23 when
the Federal Court ruled that issues
involving the interpretation of
Article 16(6) of the Perak Constitu-
tion must be heard and decided at
the High Court, and could only be
brought to the Federal Court by
way of appeal.
Alauddin, Chief Judge of Malaya
Datuk Ariffin Zakaria and Federal
Police Court justices Datuk Zulkefli Ah-
presence ... mad Makinuddin, Datuk Wira
Mohd Sabtu Mohd Ghazali Mohd Yusuf and
puts up a Datuk James Foong were yesterday
Rakan Cop supposed to hear Zambry’s appli-
sticker on a cation, filed on April 21, to seek a
train. declaration that he is the rightful
mentri besar.
With the sitting of the five-man
panel, Nizar’s request for a nine-
man bench to hear the case was
turned down.
During yesterday’s proceedings,
Nizar’s counsel, Sulaiman Abdul-
lah, objected to Zambry’s applica-
tion on the grounds that there were
disputed facts on the dissolution of
the Perak state legislative assem-
bly. The application is scheduled
to be heard in the High Court next
week.
Sulaiman said there was contra-
diction between what was affirmed
by Kamal in his affidavit with what
actually happened in the meeting
between Nizar and Sultan Azlan
Shah on Feb 4.
According to Sulaiman, Nizar’s
affidavit read: “I affirm that when
I had an audience with His Royal
Highness the Sultan, I never stated
and did not inform, and never
suggested to H.R.H. the Sultan that
there was loss of confidence in me
as mentri besar by the majority of
the state legislative assembly. I also
never recommended to H.R.H. the
Sultan to dissolve the state legisla-
tive assembly in accordance with
Article 16(6) of the Perak Govern-
ment Constitution.
“Referring to the legal adviser’s
affidavit, I state that Datuk Ahmad
Kamal’s version on what had
happened was wrong and inac-
curate.”
Sulaiman also submitted Kamal
had represented Zambry when the
case was called for mention before
Judicial Commissioner Mohamad
Ariff Md Yusof on Feb 18.
“Datuk Kamal had appeared for
Zambry and clearly showed that he
was not neutral,” said Sulaiman.
He also said that on the princi-
ple of res judicata (a matter already
judged), the application should not
be heard by the Federal Court as
the same application on the same
issue had been determined by the
same court on March 23.
Counsel Datuk Cecil Abraham,
for Zambry, said in reply there
was documentary evidence based
on two letters written by Nizar to
the sultan on Feb 4 and 5 to show
that there were no disputed facts as
claimed by the respondent.
He also said the principle of
res judicata was not applicable
because the issue of Article 63 did
not arise at the hearing before the
Federal Court on March 23.
Present during the proceedings
were Attorney-General Tan Sri
Abdul Gani Patail as the intervener,
counsel Mohd Reza Hassan, who
holds a watching brief for Barisan
Nasional, and assistant Perak legal
adviser Zulqarnain Hassan.
Outside the court, Nizar told
reporters yesterday’s decision was
a sign the Perak political crisis
could reach a final settlement.
– Bernama

Labourer jailed for

Tighter
security at
LRT stations
by Charles Ramendran
newsdesk@thesundaily.com
KUALA LUMPUR: Five hundred em-
ployees of public transport operator
RapidKL will be trained as auxilliary
police personnel to beef up security
at Light Rail Transit (LRT) stations in the
Klang Valley.
Kuala Lumpur police chief DCP
Datuk Mohd Sabtu Osman said
yesterday this follows the increased
occurrences of crime at the stations
this year.
Twelve cases of pick-pocketing and
snatch theft have been been reported
since January, compared to 24 reported
throughout last year.
Mohd Sabtu, who launched a joint
crime prevention campaign between
police and RapidKL at Central Market
here, said 80 RapidKL staff have been
trained as auxilliary police personnel
so far and the rest will undergo their
training in phases in the coming
months.
At another function at Kuala
Lumpur Hospital, Deputy Inspector-
General of Police Tan Sri Ismail Omar
said police will work closely with the
Health Ministry to assist in fighting the
swine flu outbreak.
He said police personnel will be
stationed at all entry points to monitor
those entering the country.
briefs
Bid to put up second
tree plaque foiled
IPOH: The City Council foiled an at-
tempt yesterday by a group of men
to rebuild the “Tree of Democracy”
plaque to mark an emergency state
assembly meeting held under a rain
tree on March 3.
The council had demolished the
original plaque on March 15, saying it
was an illegal structure under Section
46 (1) (a) of the Street, Drainage and
Building Act 1974.
A council spokesman said enforce-
ment officers ordered a group of men
to stop building a new plaque as no
approval had been given.
When the enforcement unit ar-
rived, two men were busy working on
the site but the rest left upon seeing
the officers, the spokesman said.
– Bernama
ammo possession
KOTA BARU: A labourer was sen-
tenced to seven years jail and 12
strokes of the rotan by the High
Court here yesterday after he
pleaded guilty to three counts of
unlawful possession of a gun and
ammunition five years ago.
Mohd Razali Mohammad, 26,
of Kampung Bechah Laut, Tanah
Merah, was jailed for five years
and ordered to be given six strokes
of the rotan on the first charge of
unlawful possession of a home-
made pistol in Pasir Puteh.
He was sentenced to another
seven years jail and six strokes
of the rotan for consorting with a
person carrying the firearm.
Mohd Razali was given another
three years jail for unlawful pos-
session of 12-bore ammunition.
Justice Datuk Mohd Azman
Husin ordered Mohd Razali to
serve the sentence concurrently
from the date of his arrest on Aug
17, 2004. – Bernama