ID :
29587
Tue, 11/11/2008 - 15:58
Auther :

COURT REJECTS PROSECUTION'S REQUEST TO AMEND CHARGE AGAINST RAJA PETRA

PETALING JAYA, Nov 10 (Bernama) -- The Sessions Court has turned down the prosecution's request to amend the sedition charge against Malaysia Today blog operator and writer Raja Petra Raja Kamaruddin.

Deputy Public Prosecutor Ishak Mohd Yusof filed the application here Monday
to insert two elements, namely the title of the alleged seditious article and
the website address, into the charge.

"The purpose of amendments is to make sure the accused understands the
charge better under Section 153(1) of the Criminal Procedure. So far, no
prejudice has arisen with regard to the evidence given by prosecution
witnesses," he said.

Lawyer Gobind Singh Deo who represented Raja Petra, objected to the
application, saying that the amendments would give rise to prejudice against the
defence since the prosecution had produced five witnesses to give evidence
according to the original charge.

After hearing arguments from both parties, Judge Rozina Ayob ruled in
favour of the defence.

Raja Petra, 58, was charged with publishing a seditious article at his
house, No. 5, Jalan BRP 5/5, Bukit Rahman Putra, Sungai Buloh. The article
entitled "Let's Send the Altantuya Murderers to Hell" appeared on
www.malaysia-today.net on April 25.

The charge under Section 4(1)(c) of the Sedition Act 1948 carries a maximum
fine of RM5,000 or three years in jail or both.

Meanwhile, the sixth prosecution witness -- digital forensic analyst S.
Sivanathan, 28 -- told the court there was evidence that the article had been
accessed using a computer processing unit and laptop belonging to Raja
Petra.

He said this was based on his study and interpretation of a report from the
Computer Forensic Investigation Unit, Cyber and Multimedia Crime Investigation
Division, Commercial Crime Investigation Department, Royal Malaysia Police,
dated May 4, 2008 prepared by one ASP Wa'ie.

He said the computer seized by the police had been used to access Malaysia
Today website using a username and password. "Without the username and password
we cannot access any programme that requires it," he said.

The hearing continues Tuesday.

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