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10 APRIL 2024

Friday, August 5, 2011

PSM6′s habeas corpus application struck out

PSM six drop suit against IGP Ismail Omar and Home Minister Hishammuddin Hussein.

KUALA LUMPUR: The High Court here today struck out the habeas corpus application of the six Parti Sosialis Malaysia (PSM) members after they decided to withdraw it.

(A habeas corpus is a writ or legal action through which a prisoner can be released from unlawful detention.)

Justice Su Geok Yiam struck off the application after the six, who were released from a month-long detention on July 29, agreed to withdraw their suit against the home minister and the Inspector-General of Police (IGP).

The six – Sungai Siput MP Dr D Michael Jeyakumar, PSM deputy chairman M Sarasvathy, central committee members Choo Chon Kai and M Sukumaran, Youth chief R Saratbabu and Sungai Siput branch secretary A Letchumanan – were initially detained on June 26 for waging war against the King but the charges were dropped.

They were then detained under Emergency (Public Order and Prevention of Crime) Ordinance 1969 on July 2.

However, the six were charged two days ago at the Butterworth Sessions Court with possession of subversive documents

All six claimed trial to the charges under Section 43 and 48(1) of the Societies Act as well as Section 29(1) of the Internal Security Act.

Butterworth Sessions Court judge Kamal Hisham Mohd Tajuddin set bail at RM8,000 each, and fixed hearing for Oct 10.

Senior federal counsel Amir Nasruddin, representing IGP Ismail Omar and Home Minister Hishammuddin Hussein, earlier told the court this morning that the PSM application was now moot since the six were no longer in detention.

‘Judiciary leaning towards executive’

Sulaiman Abdullah, the lead counsel for the six, said the affidavits filed by the government in response to their (PSM six’s) affidavits did not show any wrongdoings on his clients’ part.

“The six maintain that they are not guilty and do not concede to anything alleged (in the government’s affidavits) against them,” he said.

The other lawyers in the defence team are Edmund Bon, B Maha, D Yudistra and James Wong.

The first hearing on July 22 of the habeas corpus application was adjourned by Justice Su Geok Yiam as the government wanted time to respond to the 19 affidavits filed by the six PSM members, their family members and a Bersih 2.0 steering committee member.

Met later, Jeyakumar said he was disappointed that the court had adjourned the first hearing to today.

“I am very disappointed with the judiciary because the adjournment had resulted in us being detained longer.

“The judiciary was leaning towards the executive,” he claimed.

“We are out because of public pressure, not because of the judiciary,” he said.

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