His lawyer KK Wong, who had also represented political analyst Abdul Razak Baginda in the Altantuya Shaariibuu murder case, said he had written to the Attorney-General's Chambers on Sept 1 to transfer the case under section 418(a) of the Criminal Procedure Code."We want the prosecution to consider our application," he said.
Under that section, the prosecutors and the Attorney General have the discretion to transfer a case to the High Court before the commencement of a trial.
Like in the Anwar Ibrahim sodomy II trial, the prosecutors led by solicitor-general II Mohd Yusof Zainal Abiden has applied that the Sessions Court case to be transferred to the High Court.
It is certainly a rare and possibly the first occasion for the defence to apply to the prosecutors for the case to be heard at the High Court.
Wong, is replacing Dr Ling's previous counsel RR Sethu. Wearing a dark blue blazer, Dr Ling appeared wearing his usual trademark smile.
Defence wants papers declassfied
Dr Ling, 67, was brought to court on July 29, and is charged with misleading the cabinet between Sept 25 and Nov 6, 2002, into agreeing to purchase 999.5 acres of land on Pulau Indah for a project, now known as PKFZ, at a price of RM25psf on a deferred payment basis for a 15-year period, at a 7.5 percent interest rate.
The cumulative interest paid would total RM720 million at the end of the repayment period. This charge is under Section 418 of the Penal Code. The former MCA president, who is one of the former senior minister's charged in court was also offered an alternative charge, under Section 417, for the same offence.
Wong also told the court they have also applied for cabinet minutes papers and also cabinet committee papers, post cabinet papers, to be declassified and copies to be given to the defence.
"We hope for co-operation from the prosecution to get the required documents under section 51 of the Criminal Procedure Code," he said
As the charge involves minutes of cabinet meetings and listed as confidential under the Official Secrets Act, the documents have to be declassified for the parties to have copies and prepare its defence.
Wong has applied for an early mention date to get the documents.
It is learnt that the defence had, in the past few days, received some documents but the cabinet minutes sought were not included.
Wong has also applied to interview some of the prosecution witnesses before the trial begins, in the presence of the investigating officer.
The lawyer also asked for an early hearing date be set as this is a case of public interest.
DPP: Documents will be declassified if tendered
DPP Dzulkifli Ahmad and DPP Manoj Kurup, representing the prosecution raised no objection to the short mention date but noted that a lot had been asked for by the defence.
"Furthermore, we are also involved in the Port Klang Free Trade Zone (PKFZ) case (in Shah Alam)."
DPP Dzulkifli, head of the Property Forfeiture unit of the Attorney General Chambers ,also verified that they had received Dr Ling's application for the case to be transferred to the High Court.
"However, I have to stress that the application made under Section 418A is under the discretion of the prosecutors," he said.
On the application for the declassified documents, Dzulkifli said whatever the prosecution intends to be tendered will be declassified and they will hand over copies as rightfully requested under section 51 of the Criminal Procedure Code.
Following this, he applied for a date for the prosecution to get back on the application made by the defence to transfer the case.
Sessions judge Suzana Hussin, then fixed Nov 30 for mention.
Ling: Datukship suspension no problem
Dr Ling, who was accompanied by his wife Ena Ling and two children, Hee Leong and Hee Keat, said he has no problem with the Selangor Sultan's decision to suspend his datukship.
"This is his decision. His right. He can give, he can take," said Ling at the Putrajaya court building after hearing of his case.
"I have no feeling. You only have feeling if they take away what is yours. I have no problem at all."
On Wednesday, the Selangor state secretary announced thesuspension of Dr Ling's and former PKFZ general manager OC Phang's titles.
Asked about Dr Mahathir's willingness to testify in his case, Dr Ling ing expressed his gratitude to his former boss.
"I must say thank you very much because that is very generous. He chaired the cabinet meeting. I'm being charged for cheating the whole cabinet, including him. So all those witnesses are very important.
"If they were cheated, then I'm guilty. If they were not cheated, then there is a trial."
On comments that he is merely a scapegoat in the case, Dr Ling shot back "when you are in Palace of Justice, don't talk of scapegoats".
Earlier, before he went into the court room, he told reporters that he hoped to be vindicated as soon as possible.
"When you are in the Palace of Justice, you must have confidence."
courtesy of Malaysiakini
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