His lawyer KK Wong, who had also represented political analyst Abdul Razak Baginda in the Altantuya Shaariibuu murder case, said he had written to the Attorney-General's Chambers on Sept 1 to transfer the case under section 418(a) of the Criminal Procedure Code. "We want the prosecution to consider our application," he said.
Under that section, the prosecutors and the attorney-general have the discretion to transfer a case to the High Court before the trial commences.
Like in the Anwar Ibrahim sodomy II trial, the prosecutors, led by solicitor-general II Mohd Yusof Zainal Abiden, applied that the case before the Sessions Court be transferred to the High Court.
It is certainly rare, and possibly the first occasion, in which the the defence has applied to the prosecution for a case to be heard before the High Court.
Wong replaced Ling's previous counsel, RR Sethu. Dressed in a dark blue blazer, Ling turn up at the Palace of Justice in Putrajaya wearing his trademark smile.
Like in the Anwar Ibrahim sodomy II trial, the prosecutors, led by solicitor-general II Mohd Yusof Zainal Abiden, applied that the case before the Sessions Court be transferred to the High Court.
It is certainly rare, and possibly the first occasion, in which the the defence has applied to the prosecution for a case to be heard before the High Court.
Wong replaced Ling's previous counsel, RR Sethu. Dressed in a dark blue blazer, Ling turn up at the Palace of Justice in Putrajaya wearing his trademark smile.
Defence wants papers declassified
Ling, 68, was on July 29 charged with misleading the cabinet between Sept 25 and Nov 6, 2002, into agreeing to purchase 999.5 acres of land on Pulau Indah for a project, now known as PKFZ, at a price of RM25psf on a deferred payment basis over a 15-year period, at a 7.5 percent interest rate.
The cumulative interest paid would total RM720 million at the end of the repayment period. This charge is under Section 418 of the Penal Code. Ling was also offered an alternative charge, under Section 417, for the same offence.
The cumulative interest paid would total RM720 million at the end of the repayment period. This charge is under Section 418 of the Penal Code. Ling was also offered an alternative charge, under Section 417, for the same offence.
Wong also told the court they have also applied for cabinet minutes papers and also cabinet committee papers and post-cabinet papers, to be declassified and copies to be given to the defence."We hope for cooperation from the prosecution to get the required documents under section 51 of the Criminal Procedure Code," he said
As the charge involved minutes of cabinet meetings that were listed as confidential under the Official Secrets Act, the documents have to be declassified for the parties to have copies and prepare their defence.
Wong also applied for an early mention date for his application for the documents.
It is learnt that the defence had, in the past few days, received some documents but the cabinet minutes sought were not included.
Wong has also applied to interview some of the prosecution witnesses before the trial begins, in the presence of the investigating officer.
It is learnt that the defence had, in the past few days, received some documents but the cabinet minutes sought were not included.
Wong has also applied to interview some of the prosecution witnesses before the trial begins, in the presence of the investigating officer.
The lawyer asked for an early hearing date be set "as this is a case of public interest".
DPP: Documents will be declassified if tendered
DPP Dzulkifli Ahmad and DPP Manoj Kurup, representing the prosecution, raised no objection to the short mention date but noted that a lot had been asked for by the defence.
"Furthermore, we are also involved in the Port Klang Free Zone (PKFZ) case (in Shah Alam)," Dzulkifli said.
Dzulkifli, who is head of the Property Forfeiture Unit in the A-G's Chambers, confirmed that they had received Ling's application for the case to be transferred to the High Court.
"However, I have to stress that the application, made under Section 418a, is under the discretion of the prosecutors," he said.
DPP Dzulkifli Ahmad and DPP Manoj Kurup, representing the prosecution, raised no objection to the short mention date but noted that a lot had been asked for by the defence.
"Furthermore, we are also involved in the Port Klang Free Zone (PKFZ) case (in Shah Alam)," Dzulkifli said.
Dzulkifli, who is head of the Property Forfeiture Unit in the A-G's Chambers, confirmed that they had received Ling's application for the case to be transferred to the High Court.
"However, I have to stress that the application, made under Section 418a, is under the discretion of the prosecutors," he said.
On the application for the documents to be declassified, Dzulkifli said whatever the prosecution intended to tender would be declassified and it would hand over copies to the defence, as rightfully requested under section 51 of the Criminal Procedure Code.
Following this, he applied for a date for the prosecution to get back on the application made by the defence to transfer the case to the High Court.
Sessions judge Suzana Hussin fixed Nov 30 for mention.
Sessions judge Suzana Hussin fixed Nov 30 for mention.
Malaysiakini
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