OSA a shelter for the corrupt, says Ezam
The Official Secrets Act was formulated in Parliament by corrupt leaders as a means to protect themselves, said Keadilan Youth chief Mohd Ezam Mohd Nor in court today.
"Citing grounds of national security they have closed all avenues for their acts of corruption to come to the attention of the public," he said, after being found guilty by the Petaling Jaya Sessions Court.
"They hide behind 'top secret', 'confidential', 'private' and 'restricted' and put the fear of God into every government officer and administration staff member who is confronted with their despicable acts," he said.
He added that the press, the prime bearer of information, has been muzzled by the fear of the OSA hanging over its head
Ezam spent 20 minutes reading his 10-page statement, which was prepared earlier, in a packed courtroom after Sessions Court judge Wan Afrah Wan Wan Ismail found him guilty of contravening Section 8(1) of the OSA.
Ezam 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.
He was accused of exposing secret documents into the corruption investigation of International Trade and Industry Minister Rafidah Aziz and former Melaka chief minister Abdul Rahim Thamby Chik.
Wan Afrah committed Ezam to the Kajang Prison to serve out a two-year jail sentence from today.
He had been held under a two-year detention order under the Internal Security Act at the Kamunting detention centre in Taiping, Perak.
No judicial powers
Ezam also said that the powers of the court were limited because laws like the OSA leave little room for justice to be dispensed.
"The judiciary has no power to do anything about it other than convict anyone unfortunate enough to be caught with a document which has been stamped 'secret'," he said.
"What the document contains is not relevant, what is important is that the report has the word 'secret' stamped on it and this means that there is no difference between a piece of toilet paper and a corruption report.
"I am not insulting the court. The ones who are insulting the court are the corrupt officials who restrict the powers of the court. They formulate laws to deny the courts power and to ensure that they themselves remain in power and deny the public information about their crimes," he added.
He also said the Anti-Corruption Agency (ACA) has become a political tool to be used against anyone in power who did not remain loyal to the government.
"The ACA (has been) reduced to a weapon for ensuring continued political loyalty. If you are loyal no proceedings would be made against you and not only that, you are also (assured) immunity.
"The investigation papers are stamped 'secret' primarily to ensure that no one knows about (corrupt practices)."
'An outrage'
Meanwhile PAS Youth chief Mahfuz Omar called on Attorney-General Abdul Gani Patail to initiate legal proceedings against both Abdul Rahim and Rafidah.
"The PAS youth central committee is of the view that the court's decision has verified that all the information contained within the investigation reports as being true and should be given attention by the people," said Mahfuz in a statement today.
DAP chairperson Lim Kit Siang also took a swipe at Ezam's conviction, saying it was an outrage as it offended the elementary notions of what is right and wrong, decency, morality and the rule of law.
Like Mahfuz, Lim said that both Abdul Rahim and Rafidah should be prosecuted.
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