updated version

Keadilan Youth chief Mohamad Ezam Mohd Nor, who is currently being held under the Internal Security Act (ISA), will know his fate for leaking government documents on Sept 10.

Petaling Jaya sessions court judge Wan Afrah Wan Ibrahim fixed the date to deliver her decision after both the defence and prosecution ended submissions this morning.

The judge will decide whether to clear Ezam of the Official Secrets Act charges or required him to enter his defence.

Ezam, 34, is accused of disclosing at a press conference details of an investigation by the Anti-Corruption Agency (ACA) into International Trade and Industry Minister Rafidah Aziz and former Malacca mentri besar Rahim Tamby Chik.

It is believed that the ACA investigation papers were sent to the Attorney-General's chamber for further action to be taken against the two politicians.

Ezam is alleged to have committed the offence at the Keadilan headquarters in Kuala Lumpur at 12.35pm on Nov 6, 1999.

The former political secretary of jailed politician Anwar Ibrahim, has been charged under the Official Secrets Act and faces a mandatory jail term of not less than one year, and not more than seven years, if convicted.

Among the ingredients of the charge against Ezam were that the possession and distribution of the ACA reports contravened the Act.

No proper comparison made

Earlier, during submission, leading counsel Raja Aziz Addruse said the prosecution did not produce the original copies of the reports and had therefore, failed to establish that the documents the accused distributed at the press conference were photocopies of reports classified as official secrets.

"The fact that each page of the reports has the stamp ' Rahsia ' with the signature of (senior deputy public prosecutor) Abdul Gani Patail appearing below is of itself no proof that the reports were copies of reports which are official secrets.

"To establish that the documents were copies of reports which are official secrets, the original reports must be produced. It is only then that a proper comparison can be made," Raja Aziz said.

He also said the evidence of prosecution witnesses that Abdul Gani, who was not called to testify, had confirmed the signature on all the pages were his, was merely hearsay.

Raja Aziz also said that no evidence was adduced to show why Abdul Gani could not testify to the fact himself, although the prosecution had acknowledged that he was a crucial witness.

"In those circumstances, the prosecution has not proved that the signature on the pages of the reports was that of Abdul Gani.

"But even if the signature was accepted as that of his, the prosecution had failed to prove that he was authorised to classify the reports as official secrets under the Official Secrets Act 1972," said Raja Aziz.

He also pointed out that the annexure of the Attorney-General's certificate with the reports produced in court were also photocopies and they constituted secondary evidence.

Therefore, he submitted that the accused be acquitted without his defence being called.

Original documents 'not necessary'

In reply, deputy public prosecutor Vong Foh Pah said that under Section 16(A) of the Evidence Act, the prosecution need not produce the original document.

"So long as there is evidence coming from the part of the government to say that the document has been treated as an official secret, it would suffice.

"Therefore, anyone who has communicated or disseminated the information in the document to another person, would have impeached Sec 16 (A)," Vong said.

He added that the purpose of annexure of the AG's certificate was to bring to the court's attention that the reports were official secrets.

"Under Sec 16(A) on the rule of evidence, so long as a certificate is produced, it is considered as admissible evidence," he said.

Vong added it was also not necessary to produce the original copies of the reports as the present case was not concerned with whether the two politicians had indeed committed corrupt practices.

"We seek to prove the nature of the reports and information. It does not matter whether the reports were produced in a photostat copy or the original.

"One is clearly not concerned with the truth of the reports here. The information can be communicated orally or in material form but so long as the owner of the reports says to this court that these are official secrets, that would be sufficient," he added.

Vong also said that the facts presented by the prosecution were largely unchallenged as the defence did not cross-examine any of the prosecution witnesses.

He added that the facts of the case also showed the press conference was conducted to disclose to the public the reports although the accused was aware they were official secrets.

"The accused was aware of the nature of the reports and that they were sensitive material. The facts showed premeditation and preparation as the press conference was a planned and organised event," Vong said, adding that the prosecution had proven a prima facie case.

Ezam allowed to meet wife

Ezam, who is currently serving a two-year detention period under the ISA at the Kamunting detention centre in Perak, was present in court this morning.

He appeared calm throughout the proceedings.

After the hearing, he was allowed to meet his wife Bahirah Tajol Aris, their two children, Tihani Batrisyia, 8, and Muhammad Hasif, 4, and other close relatives at a police administration office in an adjoining building.

However, half an hour later, Ezam was whisked into a white van and driven off to Kamunting. Some 20 supporters who had gathered outside the court chanted "reformasi" as he left.

Bahirah later told reporters that her husband's spirit "was still strong".

"He said, the fight must go on no matter what the verdict. He is overwhelmed by the support and thanked the people for coming today," she said, adding that she hoped for the best on the court's decision.

"I believe the defence has done a good job and there is nothing concrete produced by the prosecution.

"Nevertheless, I leave it to the judge to decide," she added.

Also present in the packed courtroom this morning were Keadilan president Dr Wan Azizah Wan Ismail, Hulu Klang state assemblyman Azmin Ali and PRM's Xavier Jeyakumar.