Trial postpone coz cabinet papers not made public yet....

The prosecution in the case against former transport minister Dr Ling Liong Sik, charged with cheating the cabinet over the Port Klang Free Trade Zone project (PKFZ), obtained a fresh date for the trial, which was due to kick off in the High Court in Kuala Lumpur today.

Head of prosecution from the Attorney-General's Chambers Tun Abdul Majid Tun Hamzah told the court that 23 cabinet papers and minutes relating to the matter have yet to be declassified.

"The cabinet recently approved the declassification of the documents. However, we have to refer it to the various ministries," he said.

"These documents do not only concern this case, but also other matters which should remain confidential and cannot be made public."

Tun Majid asked for the postponement of the trial to July when he expects all documents to have been declassified. High Court judge Ahmadi Asnawi then fixed for the trial to begin on Aug 1, but only after giving the prosecution a ticking off. Tun Majid told the court that under section 51A of the Criminal Procedure Code, the prosecution had already given to the defence 255 documents that were not confidential.

Ling's counsel Wong Kian Kheong said the defence was willing to proceed with the case despite not getting the documents, as the former transport minister was eager to clear his name.

"My client is 67 years old and had served the cabinet and government for 17 years. He wants to vindicate himself as he had been charged since July last year. “In December (last year), the trial was fixed to begin today and it has been five months. We were assured then (in December) the case can go on today," he said before a packed courtroom. Also present were Ling's wife Ena Ling and their two sons. Wong is the lead counsel for Ling, along with lawyers R Rajasingam and Alex Tan.

Wong argued that the defence had brought up the issue of the cabinet papers when Ling was first charged in July, again when the case was fixed for mention on Sept 3 last year at a sessions court in Putrajaya, and again when it was transferred to the High Court in Kuala Lumpur in December.

Judge annoyed with postponement

An irate Justice Ahmadi said that when the case was fixed for mention last December, the prosecution had given its assurance that the documents would be declassified and copies would be given to the defence.

“The prosecution had then given an assurance on the declassification of the cabinet papers. Why the delay? Explain yourself. Without producing the documents, you cannot continue with the case. I will not allow any further postponement," he said. Justice Ahmadi asked Wong whether he was prepared to get on with the case without the documents, to which the lawyer replied "yes".

Tun Majid further explained that the fault was not with the Attorney-General's Chambers but that it took time for declassification of the papers as it involved minutes from cabinet meetings.

“The approval to declassify them has already been gained but we need feedback from the various ministries and departments. We need to rely on the documents to prove our case,” the head of prosecution answered. Wong then asked when clearance for the cabinet papers could be obtained and how long a period the prosecution needed.

To this, Tun Majid replied by July. After a short recess, Ahmadi fixed Aug 1-12 for the trial.Wong again sought for the prosecution to provide the necessary documents at the earliest, to which Tun Majid said if they get the documents earlier, these would be given to the prosecution.

Ling, who will be 68 this year, is charged with misleading the cabinet between Sept 25 and Nov 6, 2002, into agr eeing to purchase 999.5 acres of land on Pulau Indah for the controversial Port Klang Free Zone project at a price of RM25psf.The payment was to be made on a deferred basis over a 15-year period at a 7.5 percent interest rate, where the cumulative interest paid would total RM720 million by the end of the repayment period.
This charge was preferred under Section 418 of the Penal Code. Ling was also offered an alternative charge, under Section 417, for the same offence.

Tun Majid also informed the court there would be 80 witnesses, of whom the prosecution intends to call 40. Wong asked that a copy of the witness list be made available to the defence, to which Tun Majid said this would be done by the end of the week.

Many interested parties

attorney-general Abdul Gani Patail, who led a high-powered prosecution team, had told the court that confidential documents including minutes of cabinet meetings would be declassified and that the process woud take time. Gani was conspicuously absent today, with Tun Majid leading the prosecution team that also included Appeals unit head from the Trial and Appeals division, Manoj Kurup. Besides Ling's lawyers and the prosecution, the trial also attracted observers from the Port Klang Authority, which was represented by Cindy Khaw, and representatives of another former transport minister, Chan Kong Choy, lawyers Arthur Wong and Tan Cheng Yong.

Chan himself was recently brought before a sessions court in Putrajaya and charged with deceiving (then) Prime Minister Abdullah Ahmad Badawi into approving Kuala Dimensi Sdn Bhd (KDSB) as the turnkey developer for a trans-shipment hub project at the Pulau Indah Free Zone (as it was then called) between 2004 and 2006.

In an immediate response, Ling expressed his disappointment with the postponement, saying he had waited nine months for the trial.

“I was charged in July last year and have been waiting for nine months to defend myself. Where is the justice, when I have to wait longer to clear my name? Where's the logic? I am disappointed (with the attorney-general) for having this case postponed. “I thank the judge for fixing Aug 1 and giving a stern warning that the case will proceed without any further postponement. The court recognises that it cannot let a person suffer because someone is inefficient,” Ling said.

source:malaysiakini

Satu lagi episod daripada drama minggu ini. Pihak pendakwa cuba buat 'slow' agar nak tunjuk yang gomen ada buat sesuatu. Pendakwa yang berusaha untuk postpone,melewat2kan sehingga PRU ke-13.

Kes ini ditangguh sehingga bulan Ogas kerana PRU ke-13 diramalkan diadakan selepas Hari Raya Puasa sebelum musim haji. Gomen cuba nak tunjuk yang mereka bersungguh bertindak ke atas mereka yang terlibat dengan rasuah.

Selepas PRU ke-13 kes ini akan dibuang kerana beberapa dokumen utama tak dapat dikesan kerana hilang secara mistri......

cheers.