PETALING JAYA, 8 Oct 2008: A police superintendent told the Sessions Court here today that the search he conducted in the house of blogger Raja Petra Raja Kamaruddin was legal and did not require a warrant.
Supt Victor San Jos, 39, who is cyber security head in the Bukit Aman Commercial Crime Investigation Department, said he had the power to carry out the search after being instructed by his superior, ACP Mohd Kamaruddin Md Din, and it had to be done urgently.
The search on 2 May 2008 in Sungai Buloh was under the Sedition Act which did not require a warrant, he said when examined by defence counsel Gobind Singh who argued that the search without warrant contravened Section 8 of the Act.
The lawyer said that under the provision, the police officer conducting a search must show the warrant while doing so.
Victor disagreed and said that the search was not conducted recklessly and without regard of the law but it was carried out the right way.
Victor is the third prosecution witness on the third day of trial of Raja Petra who has been charged with posting a seditious article entitled Let’s Send the Altantuya Murderers to Hell on the Malaysia-Today website on 25 April.
The 58-year-old blogger was alleged to have committed the offence at his house, No. 5, Jalan BRP 5/5, Bukit Rahman Putra, Sungai Buloh. The charge under Section 4(1)(c) of the Sedition Act 1948 carries a maximum fine of RM5,000 or imprisonment of up to three years or both for a first offence.
Victor said the search in the “reading space” on the upper floor of Raja Petra’s house lasted 40 minutes. He also prepared a search list to be marked and had asked Raja Petra to sign it before giving him a copy.
The seven-member search team seized a computer processing unit and Raja Petra’s laptop computer, he said.
During the trial, opposition leader Datuk Seri Anwar Ibrahim and wife Datin Seri Dr Wan Azizah Wan Ismail were seen in the courtroom for about 15 minutes.
The trial before judge Rozina Ayob continues tomorrow. — Bernama