Tuesday, December 16, 2008

Eric Chia and Perwaja: Why reopen?

Isu yang sukar dan sensitif sedang disemak semula sekarang, dan mendiang Eric Chia bekas Pengarah Urusan Perwaja Steel telah meninggal dunia pada 24 June 2008. Kenapa kes ini dibuka sekarang? Hafiz Yatim memaparkan isu ini dalam malaysiakini.

Dari Malaysiakini
AG files review in Eric Chia's case
Hafiz Yatim | Dec 16, 08 6:06pm
Questions are raised as to why the prosecution wants to review the matter when the person involved in the case is dead. Chia's lawyer says it's a move purely to massage the ego of certain people

2. Saya turunkan bantahan peguam Datuk Muhammad Shafee Abdullah seperti tersiar dalam New Straits Times untuk kita perhatikan satu persatu.

Lawyer Datuk Muhammad Shafee Abdullah today objected to the attempt by an Anti-Corruption Agency (ACA) prosecutor to have the High Court review Tan Sri Eric Chia’s acquittal last year.

He said there was no provision in the Criminal Procedure Code for the High Court to hear any revision application involving a dead person.

The same Code clearly stated that in any application for revision, the accused should be in court to defend himself and in the case of Eric Chia this was not possible, he said.

Eric Chia, former Perwaja Steel Sdn Bhd managing director, died on June 24 after having developed breathing difficulties. He was 74.

“The person is dead and I can’t be acting on behalf of him without getting any instruction.
“The situation becomes all the more prejudicial to the deceased or his family especially as he is dead and cannot even be heard upon this revisionary exercise,” said Shafee.

The Sessions Court on June 29 last year acquitted Eric Chia of criminal breach of trust involving RM76.4 million after the prosecution failed to establish prima facie case against him.

The offence allegedly took place between Nov 4, 1993 and Feb 22, 1994 when Eric Chia was the managing director of Perwaja Rolling Mill and Development Sdn Bhd.

Deputy Public Prosecutor Mohd Jazamuddin Ahmad Nawawi who appeared for the ACA submitted that the prosecution filed the revision application on Dec 12 this year on grounds of public interest and the fact that the case had been hotly debated even in Parliament.

In addition, he said, the prosecution also sought the revision because the trial judge had hit out at the prosecution by saying there was no direction in the prosecution’s case.

“We are submitting that the grounds of judgement were incorrect, not valid and unreasonable,” he added.

In his objection, Shafee said the case should have ended when Eric Chia died and the court had no juridiction to review it.

He also asked what was the prosecution hoping for by seeking the case to be reviewed in light of Eric Chia’s death — a posthumous conviction, a re-trail or an order for the defence to produce its case?

Or the prosecution merely wanted to pursue the case endlessly under the guise of public interest after failing to secure a conviction, he said.

“We submit that whatever it is, the prosecution was obviously not satisfied with decision delivered by the Sessions Court and inclined to have it overturned,” Shafee said.

He said this entire exercise by the prosecution should not be carried out purely to “massage someone’s ego”.

After hearing the arguments, Justice Lim Yee Lan told both sides that she needed more time to study the bundle of authorities submitted before deciding whether the court has juridiction to review the matter.

[Lawyer objects to ACA’s bid to have Eric Chia’s acquittal reviewed New Straits Times, Malaysia - 2 hours ago]

3. Dan baca juga catatan dalam blogosfera yang melihat perang rasuah sebagai agenda terakhir Abdullah Badawi sebelum berundur tahun 2009.

AGENDA TERAKHIR ABDULLAH 11 Dec 2008 by noreply@blogger.com (Hambali Abd Latiff)

beritadarigunung: An overkill?