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2008/11/13
Raja Petra Sedition Trial: Court allows police to go through computer files

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PETALING JAYA: The folders which were found in the Dell computer and Asus notebook belonging to Raja Petra Kamarudin can be read and analysed.

The Sessions Court yesterday made a ruling in favour of the prosecution in Raja Petra's sedition trial, following an application filed on Tuesday.

The application was made after the testimony of the seventh witness, ASP Wa'ie Isqal Kria Abdullah of the Computer Forensic Investigations Unit in Bukit Aman on Monday. Wa'ie had told the court that there were several other folders in the two computers which were not viewed or read.

He said he did not do so because he had strictly followed the instructions given by investigating officer DSP Mahfuz Datuk Abdul Majid, to search for an article entitled Let's send the Altantuya murderers to hell and also to analyse the Internet history entry logs of the www.malaysia-today.net website.

The decision by judge Rozina Ayob was read out by magistrate Ho Kwong Chin yesterday. He then adjourned the trial to Dec 16, as Rozina was on sick leave.
Rozina had ruled that both computers must be analysed in the presence of the prosecution, the defence and the accused.

"This is to allow the court to look at all the evidence in the computer to ensure justice," she said.

When met outside the courtroom, Raja Petra's counsel Gobind Singh Deo said: "They (prosecution) are looking into ways to improve the case against Raja Petra. So they had to resort to the last and desperate attempt in getting the court to assist them to investigate."

He added that the defence respected the court's decision and would adhere to it.

Asked if they would appeal the decision, he said the decision could not be appealed against as it was in the course of a trial.

"There are other remedies available like applying for a revision in the High Court if there are irregularities in the proceedings.

"We will discuss the matter with Raja Petra."

Deputy public prosecutor Ishak Mohd Yusof said the computers might be analysed at a police station or at Bukit Aman.

"We will speak to Wa'ie to see when he would be able to set up the equipment," said Ishak.

He added that the task could also be performed in the court but not before the judge as it may be prejudicial.

In the application yesterday, DPP Roslan Mat Nor, who appeared with Ishak, had said that in the interest of justice, it was only fair for the witness to read the contents of the folders so that the prosecution could produce complete evidence of what was in the computer.

In objecting, lead counsel J. Chandra argued that the witness was given terms of reference which he had followed when writing the report.

He said the prosecution was running "helter skelter" to get a second report, when he had not even started his cross-examination.

Raja Petra, 58, is charged with posting a seditious article on his website.

The article implicated Deputy Prime Minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor in the murder of Altantunya Shaariibuu, a Mongolian wo-man.

The offence was alleged to have been committed at his house in Bukit Rahman Putra, Sungai Buloh, on April 25.

 
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