The prosecution in Raja Petra Kamarudin's sedition case today applied for the blogger's CPU and notebook computer to be re-examined by the police computer forensic personnel.

DPP Ishak Mohd Yusof told Judge Rozina Ayob that the court could order the police computer forensic officer Wa'ie Iskal Kria Abdullah, 38, from the Commercial Crime Department to look into other folders in the CPU and notebook seized from Raja Petra's house.

"In Wa'ie Iskal's examination-in-chief, he stated there are several folders in the CPU and notebook. The directive given was for him to search for the article `Let's send the Altantuya murderers to hell' and look at the log file on its Internet history."

"He followed instructions by not opening the rest of the folders. The prosecution is making this application in the interest of justice to make sure that the items sought could be located in the folders," he said.

Earlier in the day, Wa'ie Iskal told the court he could not find the said article in the CPU and the notebook.

The witness also said he could not find any entries made to the Malaysia Today website between April 11 and April 26 this year from the two equipments.

Wa'ie Iskal had also stated his findings in his report titled "Computer Forensic Examination" report which had already been tendered as evidence.

The prosecution made the application before the defence lawyers could cross-examine Wa'ie Iskal.

Defence finds it irregular

Raja Petra's counsel, J Chandra objected to the application as Wa'ie Iskal had already concluded his finding, stated it in the report and testified in that manner.

"I find it irregular as before we start questioning this witness, the prosecution wants him to do a re-examination of the two equipments again by opening the other folders.

"Furthermore, Wa'ie Iskal had followed according to the terms of reference provided by investigating officer Mahfuz Abdul Majid and did not find anything. He was also merely following instructions by not opening the other folders," he said.

The counsel said the defence feared a miscarriage of justice, as there was already a finding made by the officer.

Following this, Chandra applied the prosecution's application be struck out.

Ishak submitted that even the prosecution had no clue as to what the other folders contained, adding that the outcome of the new search could work in favour of the defence as well.

"I feel the court has the right to know in the interest of justice. The court must be satisfied that it had done all it can to allow the prosecution to prove its case. If not, what the court would have is only one side of the evidence and not another portion. Hence, this may not lead to a just decision," he said.

Rozina said she would deliver her ruling on the matter tomorrow.

Fishing expedition

When met outside the court, Raja Petra said it seemed the prosecution was "fishing" for more by applying to re-examine the seized equipments and the rest of the folders inside.

Raja Petra, 58, was charged with publishing a seditious article titled ‘Let's send the Altantuya murderers to hell' in Malaysia Today on April 25.

The charge under Section 4(1)(c) of the Sedition Act 1948 carries a maximum fine of RM5,000 or three years in jail or both.