Padang Serai member of parliament N Gobalakrishnan (below ) will get back his pants and belt, which were allegedly torn and seized by the police when he was arrested during the Permatang Pasir nomination day in August.

hindraf batu caves selayang court 281107 gobalakrishnan The Bukit Mertajam Magistrate's Court in Penang mainland today ordered the police to return the apparel within the next fortnight following an application by the parliamentarian's defence team on Sept 28.

Magistrate Mohamed Azhar Hamzah said under the Criminal Procedure Code, the police should return the apparel to the PKR supreme council member given that the items were not listed as prosecution evidence for the assault charge against the accused.

"The prosecution had not indicated the items would be tabled as evidence in the trial, as stipulated under Section 20 of the Criminal Procedure Code," he told the court.

NONE Gobalakrishnan's defence counsel JM Martin later described Mohamed Azhar's ruling as a small 'victory', hinting that the items would form an important part of the evidence for the defence case.

Another defence lawyer, Lim Boo Chang was also present while Gobalakrishnan was absent today as he had to attend a parliament sitting.

The parliamentarian from Kedah was charged at the Magistrate's Court on Aug 18 with using criminal force to obstruct a sub-inspector, one M. Karunamuthi, from discharging his duties during the Permatang Pasir by-election nomination process.

Case to be heard next year

Gobalakrishnan, 49, was alleged to have committed the offence at about 11am on Aug 17 outside the Youth Skills Development Institute (IKBN), Jalan Berapit, Bukit Mertajam, Seberang Perai Tengah.

NONE The charge under Section 353 of the Penal Code carries a fine not exceeding RM2,000 or two years' jail or both, upon conviction.

Gobalakrishnan, who claimed trial, is out on a RM2,000 bail, posted by his wife R Vasanthi.

Following the Mohamed Azhar's ruling, the defence team applied to the court to order the police to return the items as his client had authorised him to do so.

However deputy public prosecutor Hasnurliza Mohd Radzi objected and insisted that the police surrender the items personally to the accused.

Mohamed Azhar ruled that he would leave the issue for the police and accused to sort it out among themselves.

NONE Hearing has been fixed for March 8 to 11 next year.

During his arrest , Gobalakrishnan had claimed he was assaulted and injured by police. He was later admitted at the Seberang Jaya hospital after he complained of chest pains.

On Aug 18, he was taken to court in an ambulance from the Bukit Mertajam Hospital in a wheelchair.His left arm was heavily bandaged.

He later transferred to private hospital - Gleneagles Medical Centre - and was discharged on Sep 21.