A Kuala Lumpur magistrate today refused to hear the bail application by Internal Security Act (ISA) detainee and Keadilan leader Lokman Adam for a pending illegal assembly charge.

Lawyer Amer Hamzah Arshad told reporters that magistrate Marzilah Manap had denied an audience to Lokman's lawyers, stating that she would not entertain the bail application until he is officially released from ISA detention.

Lokman's two-year detention order is due to expire on Thursday, together with that of Dr Badrulamin Bahron.

They are the remaining reformasi activists being held under the ISA since April 2001 for allegedly trying to topple the government through militant means. They have denied the charge.

Four were released on June 1 - Keadilan Youth chief Mohd Ezam Mohd Nor, vice-president Tian Chua, supreme council member Saari Sungib and malaysiakini columnist-cum-film maker Hishamuddin Rais.

Apart from Saari, the rest had earlier been charged with other criminal charges - committed between 1999 and 2000 - while serving their ISA detention orders. They have successfully applied for bail since being released from detention.

Three charges

Lokman faces three counts of illegal assembly . His bail applications today were heard in three different magistrate's courts in Kuala Lumpur.

Two courts allowed him bail of RM2,000 on each charge, but Marzilah refused to entertain the remaining application. However, she met Lokman's lawyers in chambers later to explain her reasons.( * )

Said Amer: "We informed the magistrate that two of her colleagues had no qualms about hearing and granting (bail) applications for Lokman. But she replied that the decisions by the other magistrates are not binding on her."

Lokman's lawyers then submitted a letter to the Kuala Lumpur High Court seeking a direction for Marzilah to hear the application.

However, their request was denied by the High Court which advised them to file a proper application against Marzilah's decision.

"We will be filing the application tomorrow morning at the High Court," Amer added.

If Lokman fails to obtain bail, he will not be released from custody even if the ISA detention is lifted. Like Tian and Hishamuddin earlier, he will be remanded in prison until he obtains bail.

Bail granted

In another court, the reformasi activists succeeded in their bail applications. Magistrate Lim Kui Lee granted Mohd Ezam bail of RM2,000 bail in one surety on each of two counts of illegal assembly.

However, he is currently serving a two-year prison sentence for breach of the Official Secrets Act. He was transferred from the Kamunting detention camp to Kajang prison last August.

He has appealed against the conviction and sentence. Pending disposal of the appeal, he has applied for a stay of execution of the sentence, due to be heard tomorrow morning at the Shah Alam High Court.

The application was not made earlier because he was under ISA detention. If he succeeds tomorrow, he will be let out of prison.

In the same magistrate's court, another ISA detainee Badrulamin was also placed on RM2,000 bail on one count of illegal assembly.

* Editor's Note : Amer Hamzah Arshad clarified on June 11 that the magistrate had refused to meet with the lawyers and that the information had been relayed through a court interpreter. He apologised for not having communicated this to malaysiakini during the interview.