The Kuala Lumpur City Hall (DBKL) magistrate's court today denied a request to move an impeachment proceeding against a witness in the controversial 'holding hands' trial.

The request was made by defence counsel S Selvam who accused second witness, DBKL personnel Rosmi Mahmud, of making false statements.

"If the court disallowed (the proceeding), how can the court make a positive judgment?" he asked.

However, magistrate Rasyihah Ghazali shot down the request but did not cite any reasons.

Selvam is representing Ooi Kean Thong and Siow Ai Wei who were issued summonses under section 8 (1) of the Public Parks By-Laws (Federal Territory) 1981 for allegedly kissing and hugging at the KLCC park on Aug 2, 2003.

The couple, who have since separated, insisted that they were merely reading letters and holding hands when they were approached by the DBKL officers who allegedly issued the summonses after the couple refused to pay them off.

Earlier, Selvam questioned Rosmi on what had transpired on the day of the incident.

Selvam: Did you disobey Rais Mohd Rashid's (who heads the officers at the KLCC garden) orders on Aug 2, 2003?

Rosmi: I did not disobey.

Selvam: Have you ever been accused by (former) Kuala Lumpur mayor (Shaid Mohd Taufek) of disobeying Rais's orders?

Rosmi: Yes.

(The orders were pertaining to a DBKL decision not to issue any summonses at the park.)

It was on this contradictory response that Selvam applied for the impeachment order.

Meanwhile, Deputy Public Prosecutor Noor Arrifin Hisham also argued against the need for an impeachment proceeding as the court has the ability to evaluate the statements made by witnesses.

"The court is wise enough to evaluate whether the statements given are true or false, unless the defence counsel can prove that the witness had contradictory statements," he said.

Hearing will continue on Dec 11.

If found guilty, Ooi and Siow can be slapped with a one-year jail term or a maximum fine of RM2,000 or both.