Tuesday, 11 November 2008

Raja Petra trial: Prosecution wants to re-analyse PC

Tuesday November 11, 2008 MYT 5:07:00 PM
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.

Letter to a Fellow Catholic ...

(I received a forwarded email this morning, and my reply follows)

Fw: FR. Paulino
Father Paulino of CHURCH OF DIVINE MERCY , Shah Alam was picked up by the police yesterday at the Anti -ISA Rally he attended at the Am Corp Mall.
Pls pass the Word and Ask for Prayers.

Did you know about this? He's our parish priest. I go to CDM.


Dear XXX,
Yes - I'm quite aware who Fr. Paulino is.
It is admirable that he made a stand, despite the church's "passiveness" in this predicament. Same goes for Fr.OC Lim, who has been at the forefront of the struggle against ISA for years (although ealier, I did have reservations on his methods).

However, the fact that he is a priest isn't an issue - just like you & I, he is only another child of God & a Malaysian citizen first, just like Tony Pua, Lau, Haris, RPK, Ronnie Liu, all the ISA detainees - alleged Al-Maunah, KMM, forgery and other unknown "dangerous elements".
Therefore, I hope the righteous passion against this travesty of justice will be shown, and prayers offered for all our brothers (regardless of color, creed or culture) who are incarcerated under the ISA.

I was supposed to be there but couldn't make it.
Later I heard about the high-handedness of the FRU.
A Very sad reality, really- that we as Malaysians are deprived of our dignity and freedom.

Sadder still is the culture/disease of selfishness, fear and apathy among many Malaysians who believe that the fight for justice "isn't for me" or "politics isn't for me" or "it isn't my fight".
It appears that Malaysians believe in sacrificing their humanity, dignity and their God-given right of free choice, at the altar of prosperity.
Despite all the verbose religiosity, it isn't a very "Godly" thing to do really - whichever creed one may belong to.

Anyway, being optimistic, the good sign here is that the Govt is beginning to fear the people.
It is imperative that the people show solidarity so that the future of our children is secured from the fascists who plunder this nation.
Hopefully Malaysians will come forward in solidarity to voice their opinions, instead of only deploring actions upon those who come forward - more so when only one who is considered "their own" is persecuted.

God Bless You and all Malaysians.

Please note that I no longer have any reservations on the "methods" (I mention above) of Fr. OC Lim any longer. It was just that I believe that religion loses its sanctity when politicized - but
Fr. OC has consistently kept from "politicization of religion". Therefore, he is justified in his way of expression while preaching.
In fact, I always look forward to his dynamic ideas these days ....