P. Uthayakumar was at the Kuala Lumpur High Court since 8.45am on 27/7/12 having earlier on 17/7/12 applied for and was allowed to stand down the Sessions Court matter to 11.00 a.m as Uthayakumar & the Deputy Public Prosecutor had appeared before the Registrar at 9.00am on 27/7/12 and on another High Court matter.
Manoharan Malayalam then joined Uthayakumar at about 10.00am. They had persuaded the Deputy Registrar Puan Rahmi binti Kartini to appear before High Court Judge Dato Azman bin Husin immediately for the urgent interim stay application. The DPP was also present but then left the Sessions Court.
It was only at about 12.05pm that the said Registrar informed Uthayakumar that the High Court Judge will see parties on 30/7/12 to hear parties.
At 12.10 pm when Uthayakumar appeared at the Sessions Court, Judge Ahmad Zamzani bin Mohd Zain had already issued a warrant of arrest as Uthayakumar was not present in Court. The Interpreter told Uthayakumar to come back at 2.45pm as the Court was already on lunch break. The Investigating Officer ASP Redzaime then served the warrant of Arrest on Uthayakumar.
At 2.45pm Uthayakumar wait until about 3.30pm when another criminal case submissions went on until about 4.50pm.
Uthayakumar was taken aback when he was told to take the witness stand and the oath.
The Deputy Public Prosecutor then questioned Uthayakumar why he was not in Court (at 11.00am). And Uthayakumar had explained the aforesaid facts and apologized to the Court repeatedly and said that it would not happen again. The Judge then again asked if Uthayakumar had anything else to say and Uthayakumar repeated his apology. The Judge then read out his Judgment that he does not accept Uthayakumar’s explanation and issued stern last warning.
This did not stop here. The Judge then set 13/8/12 to hear the show cause Notice against the Bailor. When Uthayakumar said that the bailor S. Thiagarajan was present in Court the Judge could simply have heard him and cautioned him to make sure this does not happen again. But he has now set a formal hearing on 13/8/12. Bully? Justice being seen to be done?
When this can happen to lawyer of 21 years standing, the instructions appears to be coming from the very top! Or from the political masters? Or the UMNO 1 Malay-sian government’s against Hindraf! Still not forgiven for the 2008 General Elections tsunami.
This whole thing is unprecedented as even where it involves a non lawyer for an explanation and caution then accused to be in court accordingly.
Pulling the accused on the stand and giving him a stern final warning when this is the first time this has happened is unprecedented and a very new emerging culture. What more when Uthayakumar was in another High Court. And the practice is for the lower Court Judge to wait for the higher High Court matter to be over.
The Judiciary must be seen to be above political directions as justice must not only be done but must manifestedly and undoubtedly be seen to be done.
Will justice be done to Uthayakumar? Full steam to disqualify him contesting in the imminent 13th General Elections Bully?
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