Court to decide Keadilan Youth leaders OSA case next month
The Petaling Jaya Sessions Court will announce on Aug 7, the judgment on Keadilan Youth leader Mohd Ezam Mohamed Nor who was charged with contravening the Official Secrets Act (OSA).
He is alleged to have exposed secret documents into the corruption investigation of International Trade and Industry Minister Rafidah Aziz and former Melaka chief minister Abdul Rahim Thamby Chik.
Judge Wan Afrah Wan Ismail today said the decision on whether Ezam had contravened Section 8(1)(i) of the OSA in revealing information on the Anti-Corruption Agency's (ACA) investigations into the two senior ministers would be known on that day.
Ezam was alleged to have committed the offence during a press conference at Keadilan's headquarters at Menara Phileo Damansara in Kuala Lumpur on Nov 6, 1999. He claimed trial about two months later on Jan 14, 2000.
The OSA is often used to keep government documents and papers safe from public view by having the word rahsia or secret stamped on them.
Ezam was represented by Raja Aziz Addruse and Zainur Zakaria. The government was represented by deputy public prosecutors Vong Poh Fah and Kamal Baharin Omar.
Defence counsel Raja Aziz had earlier argued that Ezam did not commit any offence under the OSA as the press had already exposed the corruption allegations of the two ministers back in 1994.
"The allegations of corruption have become matters of public knowledge and Ezam had already read about them in press reports," Raja Aziz said.
OSA unconstitutional
He also added that the OSA was unconstitutional and that it hindered the freedom of speech as entrenched in the Federal Constitution.
"Would one say that reports of the ACA into the allegations of corruption by these two ministers threaten national interest or national security?
"It does not, and therefore classifying the documents said to be official secrets under the OSA would be an abuse of power, restricts freedom of speech and is unconstitutional," Raja Aziz said.
Vong on the other hand argued that though the Federal Constitution provides for freedom of speech, the right is not absolute.
"Parliament may impinge on these rights for public security," Vong said.
He also added that it was the government's prerogative to classify documents and that it cannot be questioned.
"Such materials are treated as secrets and since they are the property of the government, they are not open to question or [cannot] dispute any act of classification. It is up to the government to decide.
"There are many matters of public interest which have been classified but that (public interest) is not an element to decide whether a document is to be declassified," Vong said.
He also said that Ezam's expos could create feelings of ill will against the government as the citizens might take the view that the government was unwilling to investigate high-ranking officials accused of corruption.
'Ready for verdict'
When asked what he thought about the trial, Ezam said, "I am ready for the verdict." He faces a jail term of not less than one year and not more than seven years if found guilty.
Ezam, who appeared calm but seemed to have lost some weight, was dressed in a pair of dark blue slacks and light blue short-sleeved shirt. He is currently serving a two-year detention order under the Internal Security Act at the Kamunting Detention Centre in Taiping, Perak.
He is among six Keadilan and reformasi activists incarcerated since April 2001 under the ISA for their alleged involvement in a 'militant' attempt to overthrow the government.
Supporters who showed up in full force to pack the court room, stood up, clapped and shouted "reformasi" when Ezam appeared. He was greeted by family members, including his wife Bahirah Tajol Aris and their children who hugged him under the watchful gaze of five prisons officials.
After the trial, about 40 supporters stood outside the court complex and chanted "reformasi". They jeered at 15 members of the police Light Strike Force stood watch about 50m away.
Ezam was whisked away about 10 minutes later in a prisons department Pajero escorted by a police car and several outriders, to more shouts of "reformasi" from the crowd before they dispersed peacefully.
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