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©New Straits Times
(Used by permission)
by Danutcha Chelliah
KUALA LUMPUR: It was supposed to be an appeal hearing for a rape conviction but
it turned into a tongue lashing session for the lawyer who came unprepared to
the High Court yesterday.
Agitated High Court judge, Datuk Muhamed Apandi, tore into
the defence counsel for being 45 minutes late and not submitting written
submissions.
In the line of fire was S. Ranee, a representative from the law firm, Karpal and
Co.
When Ranee asked for new dates to file the written submissions, Muhamed Apandi
let it rip.
"Let the public know that delays in court cases are most of the time caused by
the counsel," he charged.
Then, taking another swipe at Karpal and Co, the judge said
it was not the first time counsel from the law firm had "acted at the last
minute".
"I am not saying this out of jest, but out of experience.
"I am very disappointed with Karpal & Co. Please pass the message that no matter
how senior you are, the court does not wait for the counsel."
Quoting from notes of previous proceedings, Muhamed Apandi said all parties had
agreed to provide written submissions by Jan 13.
"Nothing came from the defence counsel," the judge said.
Ranee, who was representing Ram Karpal Singh, looked flustered. She apologised.
DPP Tetralina Ahmed Fauzi had no objections when Muhamed Apandi set the new
hearing date for June 19.
The case involved former Kuala Lumpur City Hall employee, Mat Saad Md Isa, who
was found guilty by Sessions Court judge Mohd Zaki Abdul Wahab on two counts of
rape and unnatural sex against his 8-year-old neighbour.
The offence was committed in 2001 and after a trial which lasted almost a year,
the 61-year-old father of seven was found guilty and sentenced to 19 years and
six months' imprisonment.
Mat Saad, however, was granted a stay of execution and was released on a
RM50,000 bail in one surety.
His appeal was to have been heard yesterday.
His counsel, Ram Karpal Singh, said his firm had written a letter dated Feb 19
this year, asking for an adjournment on the grounds that he was involved in the
election campaign in Penang.
He said the letter was received by the court on Feb 21 and the adjournment was
granted with the condition that the written submission for the appeal be filed
before the next trial date.
"The judge did not seem to be aware of the situation. It must have slipped his
attention," Ram Karpal told the New Straits Times.
"The case should not have been called yesterday if the adjournment was granted."
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YA Dato' Ian Chin's Notes of Proceedings
