10 theSun | WEDNESDAY APRIL 8 2009

news without borders

No plan to appoint Ka Ting

MACC considers
of claim that the victim named him
(Fernandez) as the offender but cor-
rected himself in a written statement
to the police that the culprit resembled
Fernandez.
The statement of claim also stated
that police took the victim to the crime
ambassador to China
WISMA Putra has denied a report that former MCA
president Datuk Seri Ong Ka Ting is to be appointed
ambassador to China, Nanyang Siang Pau reported
yesterday.

probe on cops
scene where a washroom attendant
corroborated the story, saying that the
perpetrator resembled Fernandez.
In an identification parade on Oct
14, 2003, the complainant picked out
another man as the perpetrator.
However, Fernandez claimed that
by Terence Fernandez and the government for injury to his the police lead by Abdul Khalid who
A Foreign Ministry Chinese affairs spokesman, who
was not identified in the report, told the daily that al-
though Ong is still Kulai MP, he no longer holds a senior
post in the party.
Furthermore, he said, the tenure of the current
ambassador, Datuk Syed Norulzaman Syed Kamarulza-
man, does not end until next year.
“We won’t possibly

newsdesk@thesundaily.com
PUTRAJAYA: The authorities are
considering opening an investigation
of several police officers following a
lawyer’s successful civil suit against
the police and government for framing
him in a sodomy case.
Officials of the Malaysian Anti-
Corruption Commission (MACC) and
Bukit Aman said Anthony Fernan-
dez’s claims of abuse of power were
extremely serious.
“Apart from disciplinary action,
the MACC can initiate a probe based
on the outcome of the civil suit,” an
official said.
He said the policemen in this
case could face charges of criminal
defamation and abuse of power under
the Emergency Ordinance.
“However, bear in mind there is a
higher burden of proof in a criminal
case,” another official said.
Fernandez, 54, from Seremban,
had in 2003, filed a claim for damages
against four policemen, the office of
the Inspector-General of Police (IGP)
reputation and emotional distress from
investigations into the sexual assault
case in 2001.
If his claim is successful, he may be
liable for RM8 million in compensa-
tion from taxpayers money.
Fernandez named former Serem-
ban OCPD ACP Abdul Khalid Hassan,
former Negri Sembilan Deputy CID
acting chief ACP Abdul Razak Abdul
Ghani, the Negri Sembilan CPO, IGP, the
government and former Negri Sembilan
Police Contingent head of prosecution
ASP Mazupi Abdul Rahman in his suit
filed in the Seremban High Court.
Judge Abdul Alim Abdullah who
struck out a statement of defence in
chambers on April 2, will make a deci-
sion on the quantum of damages after
hearing Fernandez’s submission.
According to the facts, a security
guard lodged a report at the Seremban
police headquarters on Feb 25, 2003,
alleging that he was sodomised by a
man of Indian ethnicity in a toilet of
the Terminal One complex at 7.30pm
on Feb 17.
It is stated in Fernandez’s statement
was Seremban OCPD, Abdul Razak
and Mazupi had inferred that he was
the man the victim had identified.
Soon after, Abdul Razak ordered
Fernandez’s arrest, while Mazupi as
the investigating officer, facilitated the
charges against him in court.
In their submissions, Fernandez’s
lawyers Haresh Mahadevan, Paul
Krishnaraja, Ramzani Idris and K.
Anandarajah said the defendants
chose to remain silent in court when
accused of malice.
In the defendants’ first submission
to strike out the claim on Dec 9, 2003,
senior federal counsel Pritam Singh
said the action was not tenable as the
police were above the law.
Fernandez submitted that the man
identified by the complainant was
“known” to the police and had yet to
be charged. He also contended that
the “real” culprit had been identified
as a result of his (Fernandez’s) own
investigations and not the police probe
directed by Abdul Razak.
Federal counsel Mona Hazratul
Fauzi appeared for the defendants.
Press Digest
replace Syed Norulza-
man unless he resigns
by Kong See Hoh on his own. On top of
newsdesk@thesundaily.com that, based on perform-
ance, he may have his
tenure extended,” the spokesman said.
However, he did not comment on whether Ong
would be appointed ambassador in the future when
the position becomes vacant.
Meanwhile, the deputy head of mission cum politi-
cal counsellor at the Chinese Embassy in Malaysia, Gu
Jingqi, when told of the press report, said it was the
Time to first time he had heard of the matter. He believed it
quite unlikely that a (former) party leader would be
break Wall appointed Malaysian ambassador to China.
Street’s It is learnt that MCA president Datuk Seri Ong Tee
control of Keat holds the view that it would be more appropriate
Washington for a Chinese Malaysian to head the Malaysian mission
in China, and will make a request to this effect to Prime
pg 13 Minister Datuk Seri Najib Abdul Razak. The post has up
to now been held by a non-Chinese.
Ka Ting could not be reached for comment.
Yap gives up New Era post
DONG ZONG (United Chinese School Committees
Association) chief Dr Yap Sin Tian has relinquished
his post as chairman of the New Era College, Sin
Chew Daily reported yesterday.
He is succeeded by Jiao Zong (United Chinese
School Teachers Association) president Ong Kow

High Court dismisses Ronnie Liu’s application
by Tan Yi Liang
newsdesk@thesundaily.com
SHAH ALAM: The High Court here
yesterday dismissed an applica-
tion by Pandamaran assemblyman
Ronnie Liu to review and set aside
a warrant of arrest issued against
him by a Petaling Jaya magistrate’s
court last year.
“I find that the applicant is seek-
ing a revision of the ‘proceedings’
of the Petaling Jaya magistrate’s
court in issuing a warrant of arrest
in November 2008. I accept the
submissions of the deputy public
prosecutor that the act of the
magistrate in issuing the warrant
does not constitute a proceeding,”
Judicial Commissioner Mohd Yazid
Mustapha said.
He said the act of issuing a
warrant was a normal procedural
matter.
“At the time at which the
warrant of arrest was issued, the
magistrate was performing a nor-
mal magisterial duty which was
administrative in nature. It is not
an act which operates as a part of
court proceedings,” Yazid said.
“There is no proceeding capa-
ble of revision by this court. The
applicant’s remedy is elsewhere,”
he added in closing.
When approached by reporters,
Liu’s counsel Gobind Singh Deo
said that although he respected
the decision, he would file an
appeal as serious issues were
raised by the application and the
decision.
“There are very serious legal
issues raised by this application
and also by the ruling made by
the judge which would require
further discussion, so under these
circumstances we have decided
that we will appeal,” he said.
“Our argument is that the
issuing of a warrant of arrest goes
beyond procedure because it is
an order in the form of a warrant
of arrest, whereby the magistrate
orders that a person be arrested
and brought before him or her.”
Gobind Singh said a civil suit
would also be filed with regard to
Liu’s arrest.
“That is his view, which we
accept for now, but we will
certainly appeal and he has also
ruled that Ronnie Liu’s remedy lies
elsewhere. We will be filing a civil
suit in respect of his arrest, that is
without a doubt.”
Liu said he supported Gobind
Singh’s decision to appeal his
case. “I am not totally surprised
(at the dismissal). I will listen to
my counsel and we will appeal,”
he said.
Yee who confirmed the leadership change and
urged Chinese educationists to close ranks and pool
their resources to further develop the college.
“I hope personnel problems in the college will
be reduced to a minimum following Yap’s resigna-
tion,” he said.
Ong, who is Yap’s deputy at the Dong Jiao Zong
Education Centre which runs the college, said New
Era has closed a tumultuous chapter and is forging
ahead on a firm footing under new principal and
chief executive officer Prof Pua Eng Chong.
For months last year, New Era became mired in
a dispute between Yap and its principal Dr Kua Kia
Soong, whose contract which expired at the end
of last year was not extended.
The dispute resulted in Dong Zong members
(Dong Lian Hui) taking sides, calls for Yap to resign,
a campaign to topple Yap in the June Dong Zong
elections, and Kua filing a RM100 million suit for
defamation against Dong Zong deputy president
Zhou Shou Han last month.