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Too many affidavits delay ISA detainee's hearing |
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Friday, 01 August 2008 08:01am |
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©New
Straits Times (Used by permission)
KUALA LUMPUR: A High Court judge blamed Hindraf leader P. Uthayakumar's counsel
for delaying his habeas corpus hearing when the lawyer told the court she could
not proceed.
Judge Suraya Othman, who was supposed to hear the case
yesterday, told counsel S.Y. Chew that she was the one delaying the matter by
giving excuses.
Chew had informed Suraya that she could not proceed with the hearing as there
were contradictions found between the search lists prepared by the police and
detention centre authorities.
She asked for the court to allow Uthayakumar to file another affidavit.
"We want Uthayakumar to say that the medicine he had with him appeared in the
police search list, but it was missing in the detention centre's list.
"He had the medicine when he was moved there. We are dealing
with a man's life," Chew said.
Suraya retorted by saying that Chew was the one who was delaying the matter.
"The court is ready to hear it and so is the senior federal counsel, but you are
giving all sorts of excuses.
"If you want this man to be either set free or admitted to a hospital, you
should proceed now. If this was a civil court and you didn't follow the case
management directions, I would have thrown this case out. It is a waste of time
to file more affidavits," she said.
There are now 78 affidavits, including four by Uthayakumar, filed up to Tuesday.
Chew then submitted that Uthayakumar had been using his medication until
February, but was later denied it by doctors at Taiping Hospital.
Suraya allowed Chew's application to file the affidavit by Aug 6 and ordered
written submissions to be given by Aug 11.
"The idea is to put it all into written submissions because there are too many
affidavits.
"As it is, the court has been pushed and pressured just to suit lawyers," she
said.
She also set Aug 14 for hearing. In the habeas corpus application filed on May
22, Uthayakumar is seeking his release on grounds that he has been denied
medical care for diabetes and heart problems.
He is currently being detained at the Kamunting detention centre in Taiping.
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Circular No 297/2008
