The prosecution succeeded in its bid to get a court order for a computer forensic investigator to re-analyse two computers seized from blogger Raja Petra Raja Kamarudin.
Sessions Court judge Rozina Ayob allowed the application by the prosecution under Section 425 of Criminal Procedure Code for the purpose.
Rozina said she granted the prosecution’s application to extract documents that were not opened by the seventh witness, computer forensic investigator ASP Wa’ie Isqal Kria Abdullah, 38, during his analysis.
“It has to be done with the presence of both parties, including the accused,” she said in her decision.
Rozina said the court must evaluate all evidence available in both computers.
“It is to achieve justice,” she said in the eighth day of sedition trial on Wednesday.
The Malaysia Today editor had on May 6 claimed trial to publishing a seditious article on its website on April 25.
The judge’s decision was read out by magistrate Ho Kwong Chin as Rozina was on medical leave.
Lead prosecutor DPP Ishak Mohd Yusof applied for the order on Tuesday after ASP Wa’ie testifed to have spotted several folders in both computers but did not open and read those files as he followed the instructions of investigating officer DSP Mahfuz Abdul Majid.
ASP Wa’ie said DSP Mahfuz just ordered him to find an alleged seditious article titled “Let’s send the Altantuya murderers to hell’’ and accessibility to the Malaysia Today website in both computers – a CPU and a notebook.
Ho then set four days from Dec 16 for continuation of the sedition trial.
Outside the courtroom, DPP Ishak told reporters that there is a possibility for ASP Wa’ie to extract those folders at the police station, including at Bukit Aman.
“However, we also have an option to do so at court but not before the judge as she does not know the content and maybe it could be prejudicial,” he said.
DPP Ishak said the defence team also intended to bring their own expert during the process.
Lawyer Gobind Singh Deo said the defence team would discuss with Raja Petra over their next course of action.
“They (the prosecution) are looking into ways and means to improve their case against Raja Petra due to weakness of their witness.
“So, they have to resort to the last and it is an desperate attempt in getting the court to assist them to investigate,” he said.
However, Gobind Singh said the defence team respected the court decision and would act according to the judge’s directive.
Asked if the blogger would appeal it, he said: “It is not appealable as in the course of trial although we have other remedies available like applying for a revision at High Court if there is irregularity in the proceeding.