Updated: Tuesday November 11, 2008 MYT 8:46:18 PM
By M. MAGESWARI , StarOnline
PETALING JAYA: A computer forensics investigator told the Sessions Court here that data on a notebook computer seized from Malaysia Today editor Raja Petra Raja Kamarudin had been deleted.
ASP Wa’ie Isqal Kria Abdullah, 38, said this was why there were no records of the computer accessing the Malaysia Today website between April 11 and April 26 this year.
Questioned by DPP Farhan Read on Tuesday, the seventh witness said he was of the opinion that the computer user had used the CleanIt programme to delete all temporary files.
“I found that the www.malaysia-today.net (Malaysia Today) website was accessed several times for the year of 2008 and it was done by the administrator user,” testified the officer who is attached to the Computer Forensics Investigation division.
Asked regarding the meaning of “administrator user”, he said the user has “full access to edit, delete and add”.
He said he had stated in his report that the user name of Raja Petra belonged to the administrator user.
The blogger had on May 6 claimed trial to publishing a seditious article on the Malaysia Today website on April 25.
In the afternoon proceedings, in an unexpected move, the prosecution applied to the court to allow ASP Wa’ie to re-analyse a CPU and the notebook seized from the blogger.
Lead prosecutor DPP Ishak Mohd Yusof said he was applying under Section 425 of the Criminal Procedure Code which stated that the court has the power to summon and examine any person at any stage of the trial if his evidence appears to it essential to the just decision of the case.
He said ASP Wa’ie had testified to have analysed both computers based on an application by investigating officer DSP Mahfuz Abdul Majid.
“The investigating officer just ordered him to find out about a seditious article entitled “Let’s send the Altantuya murderers to hell” and accessibility to the Malaysia Today website.
“ASP Wa’ie however has testified to have spotted several folders on both computers but he did not open and read those as he wanted to follow the investigating officer’s order,” argued DPP Ishak on the seventh day of the sedition trial.
He asked the court to allow ASP Wa’ie to re-analyse both computers and extract several folders found in them.
“The folders are important for the court to reach a just decision. It could give evidence for the prosecution or defence,” he said.
In stressing his points, DPP Ishak said he depended on a case law where a trial judge of a drugs case had allowed the drugs to be sent for re-examination for justice.
DPP Roslan Mat Nor argued that it was important for the court to evaluate the overall evidence in the trial.
In asking the court to dismiss the application, lead counsel J.Chandra said Secton 425 is not applicable as the seventh witness was still in the midst of giving his evidence.
“We have a report (on the examination on both computers) and the witness who prepared it is also here, in the witness box. It is also (a question of) justice for the accused,” he said.
Chandra argued that ASP Wa’ie had not been authorised to look into folders as his terms of reference were very specific on the request for his analysis.
“Besides, there is no evidence that these folders are relevant to the subject matter of the charge,” he said.
Chandra said the findings over the computers by ASP Wa’ie were very clear in the report.
Judge Rozina Ayob set Wednesday to deliver her decision on whether to allow the prosecution to re-analyse the computer and CPU.
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