The defence counsel for a couple charged with behaving in an indecent manner at the Kuala Lumpur City Centre public park in 2003 today urged the Magistrate's Court to throw out the case as the evidence against the accused was 'groundless'.

S Selvam argued that it was clear from the testimony of the prosecution's first witness, Kuala Lumpur City Hall (DBKL) enforcement officer Mohd Noor Abdul Manaf, 52, that he had issued the couple the summonses 'out of mischief'.

"The court should exercise its powers under section 173 (G) to dismiss this case immediately because it is groundless," submitted Selvam.

Deputy Public Prosecutor Abazafree Mohammad, however, argued that the case should proceed as evidence produced to date by the defence had yet to be proved.

"Until now, the defence counsel has not argued why the accusation against the couple is groundless," he said.

Magistrate Rashihah Ghazali will deliver the court's decision on whether the case will proceed on Sept 25.

Not authorised

Earlier, when cross-examining Mohd Noor, Selvam presented a letter issued by DBKL's disciplinary board stating that Mohd Noor had not obeyed the orders of his superior, DBKL's chief inspector, Mohd Rais Mohd Rashid.

Selvam said the letter further stated that no DBKL officer was authorised to issue any compound to any couple who purportedly behaved indecently in public.

Mohd Noor replied that while he accepted the letter's contents as an order from his superior he "disagreed with what is stated in the letter".

Selvam: You were disobeying the orders of your superior (Mohd Rais Mohd Rashid) as stated in the letter, do you agree?

Mohd Noor: No, I don't.

Selvam: Do you accept this letter as an order from your superior?

Mohd Noor: Yes.

Public outcry

Mohd Noor was testifying at the trial of Ooi Kean Tong, 25 and Siow Ai Wei, 23, who were issued a compound each for allegedly behaving indecently at the KLCC park on Aug 2, 2003. The couple are no longer together.

Siow, 22 and Ooi, 24, were issued summonses under Section 8 (1) of the Public Parks By-laws (Federal Territory) 1981 for allegedly indulging in kissing and hugging.

If found guilty under the charge, they can each be given a one-year jail term or a maximum fine of RM2000 or both.

Ooi's and Siow's case drew international media coverage and sparked off widespread public outcry domestically when it first broke.

The couple insist that they were merely reading letters and holding hands when City Hall enforcement officers accosted them.

They pleaded not guilty when they were charged at the City Hall Magistrate Court in 2004 and again when the charge against them was technically amended on July 19 this year.