Uthayakumars unlawful arrest hearing: Judge raps DPP
Judge Abdul Kadir Musa, who was hearing prominent human rights lawyer P Uthayakumar's 'unlawful arrest' case, announced a 15-minute recess and left the courtroom in a huff, after losing his cool with a deputy public prosecutor today.
Judge Abdul Kadir Musa, who was hearing prominent human rights lawyer P Uthayakumar's 'unlawful arrest' case, announced a 15-minute recess and left the courtroom in a huff, after losing his cool with a deputy public prosecutor today.
DPP Mohamad Hanafiah Zakariah failed to follow proper court procedure when he asked for the case to be dismissed when hearing started this morning.
He did not provide prior notice of this as required to the court as well as Uthayakumar's team of lawyers.
Uthayakumar's lead counsel, M Manoharan told the court that he was not made aware of the DPP's application.
Hanafiah had argued that Uthayakumar's suit was not filed in the proper court and thus should not be heard.
"Based on what they (Uthayakumar's lawyers) have filed, we want the court to make a decision whether this application can be made in accordance with the law," said Hanafiah, who tried to explain his submission while citing High Court rules and orders.
An irate Abdul Kadir said: "You say it's not a PO (preliminary objection) but (Manoharan) says it is and hasn't been given notice... what is it that you're really trying to say here?"
He then declared a recess for the DPP, who was assisted by Suhaimi Ibrahim, to reconcile his case.
Case postponed
After the break, Hanafiah asked the court for the case to be postponed to which Manoharan had no objection and the judge set Jan 10 next year for the hearing.
"I will reside over the case like a normal trial when we reconvene (next year) and I will listen to what both parties have to say and make a decision," said Abdul Kadir.
The judge also gave the DPP an earful and lengthy guide of the law and court procedures. He was also rapped for not furnishing the judge with copies of notes and books he was quoting from.
At one point in this morning's hearing, Abdul Kadir asked Manoharan why there were five lawyers representing Uthayakumar, to which the counsel replied: "They are experts at various aspects of this case".
On Sept 16, Uthayakumar filed the suit against his 'unlawful arrest' and named the Attorney-General's Chambers, the police chief and government as respondents.
In his application, he is seeking to have the warrant used to arrest him declared null and void while looking to hold the police accountable for breaching the law.
Uthayakumar, who has had numerous run-ins with the law because of his work on police abuse, was also represented by name N Surendran, AS Dhaliwal, PW Moorthy and Devinder Kaur.


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