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©The Star (Used by permission)

KUALA LUMPUR: A High Court judge ticked off the defence over the delay in the hearing of the habeas corpus application by Hindu Rights Action Force (Hindraf) legal adviser P. Uthayakumar about his alleged medical neglect.

Justice Suraya Othman told Uthayakumar's lawyer S.Y. Chew yesterday that she was delaying the matter.

“There were enough affidavits to say that he had taken his medication (for his diabetic condition). You want him to be set free or for him to be taken to the hospital, you better do (make submissions) it now,” said the judge in the packed courtroom.

Uthayakumar had on May 22 filed the application stating grounds of medical neglect and endangerment of his life.

In the application, the ISA detainee had named the Internal Security Minister and the Kamunting detention camp superintendent as respondents, saying he had been denied appropriate medical treatment for his diabetic condition and heart problems.

Justice Suraya said the respondents were ready to submit and the court was prepared to hear the application and that Chew was “giving all sorts of excuses.”

“It is a waste of time to put in more affidavits,” the judge said, adding that she could not make any ruling as the parties had not made any submission over the issue.

Chew told Justice Suraya that she had been served with 20 affidavits in the last two days, which makes it to a total of 78 documents.

Chew said there was contradiction in the police search list and the Kamunting detention list on the fact that her client’s medication was taken away by Wangsa Maju policemen during his arrest in December last year and that Uthayakumar had taken the same medication during detention until February.

“We want Uthayakumar to give a sworn statement over this,” argued Chew.

Chew also said she was applying to the court to summon consultant physician and gastroenterologist Dr Ong Tze Zen from the Kajang Specialist Hospital to give his opinion on the diabetic menu given to her client.

Justice Suraya gave Chew until Aug 6 to file two proper affidavits by Uthayakumar but rejected an application by Chew to summon Dr Ong to court for the purpose.

Justice Suraya also ordered the defence and the prosecution to file their respective submissions by Aug 11 before the application is heard three days later.

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