Media statement by M.Kula Segaran MP Ipoh Barat and DAP National Vice Chairman in Seremban Court complex on 8th August 2017
Speedy and hurried disposal of cases itself will not serve the end of justice-Justice hurried is justice buried!!
Teacher Subbarau charged under official Secrets Act (OSA) was ordered by the Court of Appeal to enter his defence on 29.05.2017.
Subbarau was charged for 5 offences under the OSA in 2014. he was acquitted by the Sessions Court in 2015 and this decision was agreed to by the High Court Seremban in 2016. If convicted for each offence Subrrow can be sentenced to a maximum jail term of years thus for 5 charges it can accumulate to 35 years in total!!
Last Wednesday the COA gave the majority written grounds but the dissenting grounds are not out as yet. Thus yesterday an application was filed in the COA to Review the said decision which in normal cases will be heard by 5 COA Judges.
Today we made an application in Seremban Sessions Court for adjournment until the COA disposes of the "Review"
To our utter surprise the DPP objected to our application on the following grounds:
The decision by the COA is not final as the accused still has two avenues to appeal if found guilty.
This application was not done immediately with the COA on 29.05.2017.
That 'justice' for the prosecution must be done.
We replied and said the following issues overtakes the objections by the DPP.
We said inter alia:
We can humanly only make the application yesterday as the grounds of decision was given only 5 days back and adjournment sought was in the interest of justice. Also we have asked for stay of this Sessions Court hearing in the COA review application.
Our application is neither vexatious or frivolous
That in the interest of Justice this case ought to be adjourned as otherwise it would prejudice the accused.
It was difficult if not impossible for us to foresee what the grounds of judgment would be to prepare the Review application before the grounds of judgment were given.
After a lengthy hearing of parties for more then 1 hour the Judge allowed our application and fixed it for continued hearing for October 6th and 13 th
We see no urgency in this trial as the review application out to take its course and president . If otherwise due and fair justice would not be done to the accused . We are puzzled as to the hurried manner the prosecution wants to proceed with the trial. It has to be noted there are 4 more teachers who have been charged under OSA where cases are pending at different levels in the courts. The DPP must only prosecute in the interest of justice and not merely to convict!! Let's not forget in criminal cases the paramount importance is justice and fair play and not forgetting the great saying by William Blackstone who stated "It is better that 10 guilty men escape than one innocent suffer."
ADUN Senawang YB Gunasegaran was in court too.
Parties who appeared for the accused are M. Kula Segaran,Miss Nicole Tan, and Vemal Arasan(pdk)
The Senior DPP's were Tuan Ahmad Thairuddin and Tuan Wan Shaharuddin
This case was presided by Sessions Court Judge Tuan Ramesh.
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