RPK: You will not stand alone

[pywong]

RPK, You will not stand alone

By: pywong. 2:15pm, Monday 6 Oct 08

RPK was brought into the PJ Sessions Court this morning to be tried for criminal defamation. The usual supporters were there - Haris Ibrahm, Bernard Khoo (Zorro), Sampah Lee, Amelia, Chee Kim Mang, Nat Tan and others. I also saw some old friends that I have not met for quite some time. His wife, Marina, and his youngest daughter were also present.

There was a good crowd (about 150 people) over-flowing into the compound - see attached picture. It was nice to see a very varied group from among all the major communities coming forward to give moral support.

From the political parties, DAP's Lim Kit Siang and Ronnie Liu came at 9am and stayed for about an hour. Dato Kamarul from PKR also attended.

RPK has fought very hard to expand the political space in Malaysia. In his time of need, let us not desert him. Show him that he is not alone by coming to his trial. It is going to be a long-drawn affair.

[pywong]

http://harismibrahim.wordpress.com/2008/10/06/rpks-sedition-trial-gets-off-the-ground/

http://harismibrahim.wordpress.com/2008/10/06/yes-malaysia-today-denounces-corruption-money-politics-and-ethnic-polarisation/

http://harismibrahim.wordpress.com/2008/10/06/day-2-of-rpk-sedition-trial-tomorrow/

[pywong]

Tues, 7 Oct 2008, 3pm

Background on the trial:

On May 6 the Malaysia Today news portal webmaster was charged for allegedly implying in the article that Deputy Prime Minister Najib Abdul Razak and his wife were involved in the killing of Mongolian national Altantuya Shaariibuu.

The sedition trial was fixed for a week over Raja Petra's article entitled ‘Let's send the Altantuya murderers to hell' which he was charged with posting on Malaysia Today on April 25.

Raja Petra then claimed trial to the charge. He was charged under Section 4(1) (c) of the Sedition Act for publishing the article which was deemed seditious.

If found guilty under sedition the popular blogger could face up to three years imprisonment or not more than RM5,000 fine, or both.

Justice Rozina Ayob is presiding over the case.

http://malaysiakini.com/news/90735

Today the courtroom was packed as usual. The 40 seats inside the courtroom was full, including 2 gentlemen from the Special Branch. The police manning the door to the court were different from the regular court staff, being sent over from the PJ Police Dept. Outside, the number was less than yesterday, probably because of the Anwar trial going on in Jalan Duta. Still, it was a credible 20 plus. What was interesting to note was that the people coming forward were just ordinary citizens who did not have any previous involvement with politics or NGO work. They genuinely cared for RPK AND just wanted to show him their support.

The trial continued with the Defence's cross examination of the first prosecution witness, Harme Mohamed, a 39-year-old information technology expert from the Malaysian Communications and Multimedia Commission (MCMC). Gobind Singh, representing RPK, raised the temperature. He tried to question the witness on C4 explosives, Altantunya, Najib Abdul Razak and politics. This started an argument with the Judge who tried to stop the line of questioning. Finally, she ordered a 15 minute recess for her to consider further the issues involved on the Defence's arguments.

After the break, the Judge disallowed Gobind from pursuing his previous line of questioning.

Gobind then restricted his questions to the internet - measure of activity of the website, whether articles can be viewed throughout the world, whether it was possible to identify the source of an article. He tried to make the point that it was not possible to trace electronically the source of an article, to which the witness disagreed with.

At the close of his examination, Gobind made a point to the judge that his line of questioning relating to C4 and Najib is crucial to the defence.

The deputy public prosecutor Farhan Read then re-examined Harme. His performance is to put it mildly, bumbling, so much so that the judge herself lost her patience and told him to proceed faster.

At the rate this is going and the prosecution's plan to call six to seven witnesses, the case is unlikely to finish by this Friday. One gets the feeling that the prosecution is not serious and is just dragging out the case to make an example of RPK. However, I must add the judge is quite sharp and seems quite fair.

Those who can make the time, do try and attend to show RPK your support.

[pywong]

http://mt.m2day.org/2008/content/view/13515/84/

Point to note the public attending the court case: No photos to be taken inside the court and published. The judge finds out, she will clear the public gallery.

[pywong]

Looks like prosecution can talk about Altantuya. Wonder why RPK's lawyers can't.

http://thestar.com.my/news/story.asp?file=/2008/10/7/nation/20081007194905&sec=nation

Raja Petra sedition trial: 'He told me'
By M. MAGESWARI Tues Oct 7, 2008 MYT 7:50:09 PM

PETALING JAYA: Malaysia Today editor Raja Petra Raja Kamarudin had told a
talk show host that he had written about Mongolian Altantuya Shaariibuu two
days before the programme was aired live nationwide in April, the Sessions
Court heard.

Hasshim Abu Hanifah, who is a host of RTM's Blog talk show, said he
interviewed Raja Petra in its second episode on April 27.

"If I am not mistaken, he (Raja Petra) mentioned that he had written about
Altantuya two days before that," he told Sessions Court judge Rozina Ayob in
the packed courtroom.

Raja Petra claimed trial to publishing a seditious article on its website on
April 25.

Questioned by DPP Ishak Mohd Yusof, the second witness said Raja Petra had
made such a statement when he was interviewing him under the "Keterbukaan"
(openness) segment.

Hasshim, 49, who is also RTM news editor, however said Raja Petra did not
elaborate on the title of his article.

He said he asked Raja Petra on openness in the government but the blogger
had rejected the existence of such a thing, giving various reasons why he
thought so.

He said he had asked RTM studio director Ahmad Zaki Mustafa to record the
show in a video compact disc (VCD).

However, the defence raised an objection when the prosecution applied to
have the VCD played in the courtroom.

DPP Roslan Mat Nor argued that the VCD would not prejudice the accused as it
had been supplied to the defence team before the trial started and that it
was only to let the witness refresh his memory.

Counsel Gobind Singh Deo, however, argued that if the court allow the
witness to watch the VCD in court it would appear as though he was giving
his evidence not from recollection but from the VCD.

The judge later threw out the application by the prosecution.

At this juncture, the crowd in the public gallery clapped their hands and
cheered but the judge cautioned them against it.

Hasshim then continued to testify, saying that Raja Petra also told him in
Arabic language that his contributions as a blogger were to do good and
reject bad things.

The second witness also confirmed that Raja Petra had mentioned the
Altantuya case to him during the interview.

Asked by lead counsel J.Chandra, he denied that the talk show was made to
"trap" the blogger.

He said he did not give any caution to Raja Petra before the show that
anything he said could be used against him.

The hearing continues on Wednesday.

[pywong]

http://sloone.wordpress.com/2008/10/07/altantuyas-dad-speaks-rpk-shouldnt-be-a-victim-of-political-injustice/

Altantuya's dad speaks: RPK shouldn't be a victim of political (in)justice
Posted by: sloone on: October 7, 2008

http://sloone.files.wordpress.com/2008/10/2008oct.jpg?w=377&h=348

Altantuya Shariibuu's dad, Stev, has emailed me his statement (through his
lawyer in Mongolia) regarding RPK's trial and detention under the ISA. The
image above is his own handwriting. The translation copy I receive in his
mail says:

I understand, Mr. Raja Petra has good personal character and has a good
reputation and runs humanitarian activity.

I understand that the below issues were directly connected with murder case
of my daughter:

- Who did arrange visa issue for my daughter while she visited in French?
- Who was attending in the trip to French and what did they do?

If it could make clear those issues, they would understand every thing. Why
is there so much force and influence in the case? Because there was a
serious issue. Thus they destroyed my daughter.

Unfortunately, they pressed down Mr.Raja Petra's statement. I think this
issue needs to get attention from international human right organizations.

He (RPK) shouldn't be a victim of politic for justice. It would be justice
if they release Mr.Raja Petra.

As we are, all Mongolian worry for him and his justice, we lack of
information on truth and situation.

Signed:

Mongolian citizen:Shaariibuu Setev
06.Oct.2008

I am also sending this information to my friends in the media and bloggers.
Hope this letter can be distributed for RPK's sake.

[pywong]

http://anilnetto.com/human-rights/meanwhile-at-the-rpk-trial/

Meanwhile, at the RPK trial.
posted on Tuesday, 7 October 2008 at 5.50pm

Two of the most well-known critics in the land, Anwar and RPK, are involved
in legal proceedings today, both facing different charges.

Blog reader Stephen gives us a taste of what it was like in court on Day Two
of the RPK sedition trial:

I went to the PJ Sessions Court this morning at 8.15am. It was full house. I
went back to work and came back at 1.30pm. The court had a short break for
15 minutes at about 1.30pm, but no one came out to give up their seats.

We had to be seated in "transit" outside the court's front office . As one
visitor left, another went in. I went in from 2.25 to 2.26pm when one guy
left to answer his phone and he let me 'borrow' his 'seat'. Better than the
Mama Mia! blockbuster showing in cinemas in PJ now.

There was an intense fellowship amongst RPK supporters. About 20 reporters
took the front bench. Multiracial support. Our boys in blue and their white
Protons were omnipresent. Even Ronnie Liu dropped by after lunch. I did not
think he could get a seat unless someone gave up his or her seat.

The proceedings were about verifying basic facts, dates and events. It has
not risen to a crescendo to produce any startling evidence yet that could
shake the columns at Level 5, Putrajaya. But from the first day's hearing,
it was deduced that any one with a password could submit an article in a
blog using another's name. We should salute RPK & family for enduring all
this.
...................
Blogger Nat Tan got to meet RPK today:
http://jelas.info/2008/10/07/rpks-trial-waiting/

Today I even got to see the man, which really heartened me.

He seemed calm, collected and in control. His family appears ever strong, as
do his supporters who have been turning up faithfully.
____

Inspiring sense of one-ness outside RPK's trial
http://anilnetto.com/civil-society/inspiring-sense-of-one-ness-outside-rpks-hearing/

[pywong]

UMNO should consider this point by Malik very carefully. They could be charged for human rights abuse, from which one cannot hide anywhere in the world.

..............

The Government Man
Posted by Malik Imtiaz Sarwar at 5:54 PM

Allow me to hypothesize with you this week.

Let us, for arguments sake, say that those detained under the ISA are
treated in a manner that leaves much to be desired. Assume that they are
subjected to tactics of intimidation and coercion, either through
interrogation or carrot-and-stick strategies that leave them mentally
traumatized. At the whim of those who are in charge of them, they could be
kept in solitary confinement for prolonged periods, denied visitation
rights, be given food that could not in any way (and I do not mean any
disrespect to the egg or those who eat it) be described as wholesome or
nutritious or given amounts so meager that health and strength are affected.
As a consequence, those detained are suffering.

Would that be torture? For those of you who say 'no', would it instead
amount to cruel or inhuman or degrading treatment? For those of you who
still say 'no', what if I were to add that those detained have not been
found guilty of any crime and, in fact, those who have been and are serving
prison terms, are treated better? Would it make a difference?

A theorist would have answered that the treatment described would by any
standard have amounted to torture or cruel, inhuman and degrading treatment.

http://malikimtiaz.blogspot.com/2008/10/government-man.html

[pywong]

Datuk Seri Anwar Ibrahim, Datuk Seri Wan Azizah and Zuraidah (PKR's MP for Ampang) came this morning for RPK's trial. This despite the ongoing sodomy trial that Anwar was undergoing. They came in at 10:10am and left at 10:35am to rush to the Duta Court Complex for Anwar's trial.

This morning a more experienced prosecuter took over, which was a relief for everybody. The first witness for the day was DSP Victor Sanjoz from the Cyber Commercial Investigation Department. He came well-prepared and gave confident clear answers. He led the raiding team to RPK's house on 2 May 2008 to confiscate RPK's computer, which was displayed in court as an exhibit. His team consisted of four other policemen, one of which was missing that morning. That got the prosecutor a ticking off by the judge and led to a scramble to locate the witness.

RPK's supporters were still out in force, numbering about 60 in total. Speaking to one of them outside, Rodi, a Malay entrepreneur, said that she had been supporting RPK even during his first trial previously. She condemned the Government for using such unjust laws as the ISA against RPK. Their actions will only serve to make the Malays weaker and more dependent on handouts by suppressing outspoken people like RPK who is trying to show them another way.

Some brought bottled water to share with the supporters waiting outside. Everyone was very co-operative, taking turns to leave the court to allow others to go in. They were determined to shower RPK and his family with love and not to let them feel disillusioned or lonely.

[pywong]

10:45am, Wed 8 Oct 2008, PJ Sessions Court.

Interview of RPK's counsel, Gobind Singh, by the press.

Q: What is Raja Petra charged for?

Gobind: For publishing an article that the Government deems to be seditious and designed to create hatred and ill-feeling towards the system. If you read his article carefully, he is merely stating his opinion towards the ongoing Altantunya trial in which a Mongolian lady was shot and her body blown to bits with C4 explosives. He questioned why allegations were made against the Prime Minister (Abdullah Badawi), the Deputy Prime Minister, (Najib Abdul Razak), Najib's wife and yet no investigation was made against them. All we had was a bland trial in which there was no solution in sight. So it is up to the prosecution to prove their case against RPK.

Q: He has been detained under the ISA. What is happening in the court now?

Gobind: That is precisely the point we have been trying to make. He has been detained under the ISA for sedition and now he is charged in court over the same issue.

The Government resorts to 3 tactics to intimidate people who question them.

1. Use the police to harass them into silence.

Unfortunately for them, RPK does not succumb to such pressures.

2. Charge them in court, which is what they are doing now.

3. Resort to draconian laws like the ISA. Which they have done. But why charge him with a similar charge?

Q: Is there justification for the Government to act as such?

Gobind: Obviously, the Government thinks so. We don't and we will fight them all the way. When the Government does not allow the people to express their legitimate views and opinion without fear of threats, they will use the only viable tool left for them - the Internet. People are not willing to be silenced anymore. The Government cannot handle the people's questions, so they resort to suppression of the questioners. This, despite the Government's promise not to censor the Internet when they launched the Multi-media Super Corridor.

The question we have to ask is: Why charge RPK alone? There are many bloggers who have posted similar stories. The difference is that RPK has named names and they reach all the way to the top. It has touched on a raw nerve.

But, ultimately, it is politics. These are just tactics by the Ruling Party to hang on to power.

Q: Not only RPK but increasingly, more people has been charged or detained.

Gobind: There are laws in place that the Government can use. These laws are cruel and unjust. The people have decided to fight these laws. The people want change and transparency. We will not be cowed and are prepared to face the Government crackdown.

Q: What if RPK is found guilty?

Gobind: The minimum sentence is a fine and the maximum is 4 years in jail. The issue of whether the sentence will run concurrently with his ISA detention or start after the detention is up to the Home Minister to decide.

Q: Are you confident of an acquittal.

Gobind: Yes, the charge should have been withdrawn and the case dropped. We will win.

Q: Are there politics in play?

Gobind: At risk of me being detained under the ISA, yes, politics always play a part. The question is to what extend. So far, the trial is going smoothly.

Q: How is RPK's morale?

Gobind: RPK is unbreakable. It is just another dark spot for him. We are not concerned with RPK's  personality or how he can put with this.

[pywong]

Warga Puchong say it loud and clear : Release our brothers, repeal the ISA
October 8, 2008

http://harismibrahim.wordpress.com/2008/10/08/warga-puchong-say-it-loud-and-clear-release-our-brothers-repeal-the-isa/

[pywong]

http://malaysiakini.com/news/90913

Counsel, Gobind Singh, established the following points with the prosecution witness, Superintendent Victor Sanjos.

1. RPK's CPU and laptop was confiscated without a search warrant.

Cop: We confiscated CPU, laptop
S Pathmawathy | Oct 8, 08 6:55pm
The police confiscated a central processing unit (CPU) and a laptop from blogger Raja Petra Kamarudin without a search warrant, a witness told the Petaling Jaya Sessions Court today on the third day of the sedition trial.

2. The police have no worries that RPK would abscond or dispose off his computers.

Gobind: Tell me, you said you were not pressured, you agree there was no reason to suspect that the evidence in this case will be disposed?

Sanjos: Yes

3. Gobind made the point that a search warrant was needed unless there was reasonably doubt that evidence would be disposed off by the suspect.

At this juncture, the counsel questioned Sanjos whether he was familiar with the details of Section 8 of the Sedition Act and Sanjos said "yes".

The counsel then asked Sanjos whether he agreed that a warrant is usually needed unless there is reasonable suspicion that the evidence of the case will be disposed.

Gobind then read aloud the particular section under the Sedition Act which stated that '… reasonable cause to believe that in any premises there is concealed or deposited any seditious publication, and he has reasonable grounds for believing that, by reason of the delay which would be entailed by obtaining a search warrant, the object of the search is likely to be frustrated, he may enter and search the premises…'

However, Sanjos disagreed and reasserted it was within his power to confiscate items without the need of a warrant.

[pywong]

The number of supporters increased today to almost 100. There was excitement mid-morning when defence counsel challenged the prosecution's enclosure to the charge sheet. This was supposed to be a copy of the original offending article posted by RPK. They pointed out that the exhibit was not similar to the internet article allegedly posted by RPK. It seemed to be a product of retyping, cut and paste. This threw the prosecution into confusion and the judge called for a recess.

During the recess, RPK was his jovial self. He was poking fun at the police drivers sending him from the detention centre to the court. He told them that he knew the way from the centre to the court, which puzzled the police no end as he was practically blind-folded and could not see where he was going.

He had slimmed down a lot and I joked with him that we can open an ISA Slimming Centre when he got out from Kamunting. Sure, he replied dryly. We have no TV, sleep on a hard bed, no cigarettes, lousy food - how not to lose weight. One plus point - during Mathathir's days, the detainees went barefoot. This time round they got Japanese slippers.

When the court reconvened at 11:30am, the judge gave the prosecution until Monday morning to come up with a proper exhibit. She also offered to let both the prosecution and defence until Friday 10th Oct 08 to submit any additional documents they wished.

Court was then adjourned to Monday, 9am 13 Oct 08.

Later, outside the court, Gobind Singh, RPK's defence counsel, complained that he was not permitted to make any reference to C4 plastic, not even plasticine!

11:20am, October 9, 2008: The prosecution just admitted that the exhibit which forms the foundation of the charge against RPK was not originally taken from Malaysia-Today but was a police cut-&-paste job.They also did not deny that a large part of the original article is true.

11:30am: The prosecution is seeking to stand down the trial, and decide what to do as the charge may be defective. The judge is alarmed that the exhibit to the charge is not the original but a police's cut-and-paste article.

11:35am: Prosecution is in a quandary as the trial appears to be scuttled since charge may be held to be defective midway through the trial.
http://mt.m2day.org/2008/content/view/13596/84/

[pywong]

RPK had a special visitor today, Siew Hoon, his neighbour from Bt Rahman Putra, Sg Buloh. Siew Hoon suffered from an eye degenerative disease. When she was giving birth to her baby 12 years ago, she had to choose between saving her eyesight or saving her baby. She chose her baby and as a consequence, today she is blind.

Despite her handicap, she came to court to give support to RPK. It really touched us who were privileged to witness them hugging.

Siew Hoon related to us their experience when her family first shifted to BRP to be RPK's neighbours. The housing estate suffered frequent breakins. So much so that RPK organised a Rukun Tetangga to guard the area. That's RPK, said Siew Hoon. He is so caring for his neighbours, always fighting for justice. Once when she was alone in the house with her child, a thief climbed on the roof. RPK came out and risked his life to single-handedly chased the thief off. When Siew Hoon called the police, all they asked was: "Did you catch the thief?" The police could not be bothered to help us and it took a civilian to do it.

Another time, about 10 years back, when Anwar Ibrahim was arrested for sodomy. RPK explained to her, Anwar is not like that. He does not have such sexual preferences knowing him in college. RPK set up the Free Anwar Campaign Site to defend Anwar. He was always fighting for the underdog.

He set up Malaysia-Today to fight for us Malaysians. Now that he is in trouble, Siew Hoon re-iterated, we must come out and show him support. If I, a blind person, can do it. There is no reason normal people cannot do it.

[pywong]

The insertion of a cut-and-paste job as an exhibit for RPK's seditious article looks like a clumsy attempt by the prosecution to lose the case. This is consistent with the inept performance of the prosecution so far. Come on. Even my son who is now in college can do a better job of conducting the prosecution.

I expect that they will drop the case this coming Monday.