The Federal Court today dismissed an application for a stay of the "treason" trial involving 29 Al-Ma'unah members, allowing the trial to continue at the High Court next week.

The court dismissed the application by counsel Karpal Singh who wanted the stay pending an appeal against a decision of the High Court on the validity of security regulations used in prosecuting the 29.

The Federal Court panel, consisting of Chief Justice Eusoff Chin, Chief Judge of Malaya Wan Adnan Wan Ismail and Ahmad Fairuz Sheikh Abdul Halim, decided unanimously to dismiss Karpal's application.

Karpal had applied for the stay until his appeal against the decision of justice Zulkefli Ahmad Makinudin in dismissing Karpal's preliminary objection to the use of 1975 Essential Security Cases (Amendment) Regulations (Escar) is disposed of.

Karpal has filed an appeal together with a certificate of urgency to the Federal Court. The appeal straight to the Federal Court and not to the Court of Appeal was done in accordance with Escar.

On Oct 3, Zulkefli ruled that the use of Escar was valid, dismissing Karpal's contention that Escar was invalid as it gives a right of appeal only to the Supreme Court, which does not exist now; and the regulations were enacted under an Act passed by reason of the proclamation of emergency in 1969 and that proclamation itself was invalid[#1] (High Court rules Escar valid in Al-Ma'unah trial[/#], Oct 3).

Zulkefli had said that Escar does give the defendants a right of appeal to the Federal Court as the Supreme Court is equivalent to the Federal Court.

Appeal has merit

At today's application, Karpal, the counsel for Al-Ma'unah leader Mohd Amin Mohd Razali, said the court should use its discretion in granting the stay.

He added that there are merits in his appeal and if his appeal succeeds, the entire trial which is going on at the High Court will be a nullity.

"It will be a waste of judicial time and public money," he said.

Senior deputy public prosecutor Mohd Yusuf Zainal Abiden, submitting on technical points involving the Escar, Courts of Judicature Act and the Criminal Procedure Code, said a stay should not be granted on Zulkefli's ruling and even in cases where a stay could be granted, it would have to fulfill certain terms.

"In this case, this matter does not fulfill any of the terms," he said.

The 29 are charged under section 121 of the Penal Code for waging war against the Yang diPertuan Agong, which carries the punishment of death or life sentence, or a fine, if found guilty of waging war or abetting to wage war in the country.

They are alleged to have committed the offence between June and July 6 at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak [#2](Twenty-nine Al-Ma'unah members claim trial[/#], Aug 9).

They are alleged to have stolen a cache of weapons and ammunition from two military camps by impersonating as army officers in the early hours of July 2.

The hearing continues on Oct 23 after a one-week break.

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[#3]Decision on validity of Escar in "treason" case tomorrow[/#],Oct 2 [#4]Escar still a good law, says AG[/#], Sept 28

[#5]Escar invalid, hence should not be used in trial, says lawyer[/#], Sept 27