The Federal Court today fixed Aug 6 to hear arguments on new evidence that will be tendered by the defence team for five reformasi activists detained under the Internal Security Act (ISA).

The court adjourned the matter this morning after counsel for the five, Sulaiman Abdullah and R Sivarasa, told the five-member panel in chambers of their intention to file fresh affidavits in support of their applications.

Four of the five applicants, Tian Chua, Mohd Ezam Mohd Nor, Saari Sungib and Hishamuddin Rais are currently serving a two-year detention period under the ISA at the Kamunting Detention Centre in Perak. Their detention orders were signed by the Home Affairs Minister.

The fifth applicant, Raja Petra Kamaruddin, was released unconditionally by the police 54 days after his arrest.

The five were among 10 reformasi activists arrested by the police in April to pre-empt what Inspector-General of Police Tan Sri Norian Mai had described as an attempt to 'overthrow the government through militant means'.

Sivarasa told reporters later that the Attorney-General's Chambers had applied for time to reply to the defence application.

He said the defence had filed the motion to submit further evidence from the affidavits of the five appellants as well as from the affidavits of four other ISA detainees as the affidavits were 'clearly relevant to the appeal'.

Sivarasa said they would be filing affidavits of Keadilan leaders N Gobalakrishnan, Abdul Ghani Haron, Badrul Amin Baharom and human rights activist Badaruddin Ismail in support of the applications before the court.

Gobalakrishnan and Abdul Ghani were ordered released by Shah Alam High Court judge Mohd Hishamuddin Mohd Yunus on May 30 in a landmark decision while Badaruddin was released unconditionally by police on June 5.

Badrul and Keadilan Youth leader Lokman Adam, meanwhile, were also ordered to be detained for two years under the ISA at the Kamunting detention centre.

No jurisdiction

The appeal to the Federal Court is against a decision by Kuala Lumpur High Court judge Augustine Paul who on April 25 dismissed the habeas corpus applications of the five on the grounds that the court had no jurisdiction to hear the matter.

Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain whether their detention is lawful. It is often applied for by lawyers for those held under the ISA which allows for detention without trial for a minimum of two years following an initial 60-day investigative period.

During the hearing at the High Court, Paul dismissed applications made by the defence counsel to have access to the five detainees so that they could file affidavits in support of their applications.

The judges on the Federal Court panel are Chief Justice of Malaysia Mohamed Dzaiddin Abdullah, Chief Judge of the High Court of Malaya Wan Adnan Ismail, Chief Judge of Sabah and Sarawak, Steve Shim Lip Kiong, and Federal Court justices Siti Norma Yaakob and Abdul Malek Ahmad.