Anwar Ibrahim Sodomy II – The Recorded Truth 09.02.2010

Dihadapan Yang Arif Mohamad Zabidin Mohd Diah [Tuesday]

Pihak-pihak seperti terdahulu dengan ketidakhadiran Wong Chiang Kiat, AY, Khaizan Sharizat, Rajpal Singh dan Jennifer Robinson.

Permohonan Pemohon [AI] untuk YA menarik diri.

[10:05 am]

JB: Bicara Permohonan Jenayah AI v PR

KS: Parties as before. I would like to apologize – the affidavit in reply was send to Tetuan SN at 3.30 pm. At this moment, there is certain denial by MY, especially at para 8 [MY affidavit]. We need to reply to the affidavit. The court can consider. The report have been lodged against Utusan Malaysia amounting to defamation to AI. There will be a police investigation. YA it is necessary for us to reply to the affidavit. We might need Notes of Proceeding (NOP) of the court.

YA: NOP telah disediakan.

KS: Application for NOP has been made.

MY: I’m concern is regarding the content of the affidavit published in the newspaper. The part has not been read. Under the rules of etiquette a party cannot made available to the press unless the affidavit has been read in open court. There might be instances where an affidavit might contained scandalous matter which the party might ask for a strike out. The reporters need to be advice and guide them on accurate reporting.

KS: I think that MY is not aware by a decision made by Eusoff Chin J. Where the affidavit is public document and can be publish by the press. We must have the affidavit to reply, we might be cross-exam MY.

YA: When can you get the affidavit in reply ready?

KS: By this afternoon, today. So we can start tomorrow with the application?

MY: I agree.

YA: If we can start by 9.30 tomorrow. I don’t want to seen as encroaching on the freedom of the press, I believe in the freedom of the press but the press cannot reported inaccurately and inappropriate. If the press reported inaccurately, there will be consequences and penalty imposed by the court.

KS: This is to ensure the press reported accurately. A few Special Branch (SB) in the court and they are recording the proceeding of the court. SB should be outside the court not inside the court

MY: This is an open court.

KS: Some of them are at the back.

YA: Member of public must be at the public gallery, for the press and the observer. Other than that must be behind there.

Adjourned to 9.30 am tomorrow.

[10:20 am]

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