The High Court today allowed the Inspector General of Police Norian Mai to tender a new affidavit stating there were "secret" reasons for the detention of five reformasi activists under the Internal Security Act (ISA) last week.
Overruling objections from the defence team, Justice Paul Augustine said that the police chief had the right to file the affidavit to rebut any allegations of bad faith as claimed by the defence lawyers regarding their clients' detention under ISA, which allows detention without trial.
Norian filed the affidavit this morning stating that there were also other reasons for the detention of seven activists in addition to those mentioned in his press statement last week.
However, he did not disclose what these additional reasons were, citing national security.
Defence counsel Zainur Zakaria objected to the affidavit, claiming that it was meant to answer legal issues raised by the defence in their submission earlier.
He also argued that this affidavit was filed "to close the gap" in the government's case.
Reveal evidence
Yesterday, Zainur submitted that based on legal authorities, the police chief must reveal evidence of his allegations of "militant trends" undertaken by the five in the reformasi movement. Failing which, he said, the court should then rule that the arrests were done in bad faith.
He told the court that Norian had alleged in a press statement on April 11 that the seven ISA detainees were part of a secret cell within the reformasi movement and were planning to use violence and street protests to overthrow the government.
Zainur said the statement by Norian was issued to the press to explain the reasons for the detention of the seven.
"The statement refers to these seven as being involved in reformasi activities and that they were detained for being a threat to national security," said Zainur.
"If, as the IGP says, the seven were not referred to in the press statement as being part of the militant reformasi movement, why then were they arrested?" he asked.
He added that the inability on the part of the police to produce evidence to justify the arrest of the seven detainees showed that the detention "was politically motivated and done in bad faith".
"The allegations levelled against them are baseless and a pack of lies," he added.
'Habeas corpus' application
Five of the seven ISA detainees filed a habeas corpus application last Thursday following their arrests under the ISA which allows for detention without trial for a minimum of two years following an initial 60-day investigative period.
Similar applications on behalf of two others, N Gobalakrishnan and Abdul Ghani Haroon, both of whom were nabbed outside Kuala Lumpur, are expected to be made soon.
The seven detained are Keadilan vice-president Tian Chua, party Youth leaders Mohd Ezam Mohd Nor, Gobalakrishnan, Abdul Ghani Haroon and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist-cum malaysiakini columnist Hishamuddin Rais.
