A witness admitted under cross-examination in the Kuala Lumpur City Hall magistrate's court to having discussed the 'holding hands' case with a fellow witness before the start of proceedings today.

DBKL enforcement officer Rosmi Mahmud, 48, responding to questions by defence counsel S Selvam, agreed that he had discussed the case in the witness room with fellow officer Mohd Noor Abdul Manaf, 52.

In his submission later, Selvam told magistrate Rashihah Ghazali that DPP Nor Ariffin Hisham had failed to prevent the two witnesses from talking.

He expressed suspicion that Mohd Noor "was guiding Rosmi" with his testimony in order to avoid contradictions in the evidence.

Rashihah then told the DPP to ensure that this does not happen again, as it could raise unwarranted suspicion.

Selvam is representing Ooi Kean Thong and Siow Ai Wei who were issued summonses under Section 8 (1) of the Public Parks By-Laws (Federal Territory) 1981 for allegedly kissing and hugging at the KLCC park on Aug 2, 2003.

The couple, who have since separated, insisted that they were merely reading letters and holding hands when they were approached by the DBKL officers who allegedly issued the summonses after the couple refused to pay them off.

If found guilty, Ooi and Siow can be slapped with a one-year jail term or a maximum fine of RM2,000 or both.

Selvam also alleged that Nor Ariffin had coached Rosmi.

Denying this in his submission, Nor Ariffin said he was only refreshing Rosmi's memory about the case and statements the latter had made in court previously.

"He had the right to know what he had said in court," Ariffin said.

Selvam also said the DBKL disciplinary board had, on Sept 2003, suspended Rosmi for disobeying his superior Rais Mohd Rashid.

Rosmi was not assigned to duty at the KLCC park on Aug 2 and therefore had no authority to act, he argued.

Furthermore, Rais had briefed officers on duty that day that they were not to issue summonses, claimed Selvam.

Hearing continues on April 16.