PETALING JAYA: The competency of the interpreter in the trial of two Malaysian suspects at Guantanamo Bay US military court was called into question during the 2002 Bali bombings trial.

       The issue was raised following complaints from Malaysian suspects Mohammad Nazir Lep and Mohammed Farik Amin that translations done by the interpreter were literal and had grammatical structure that was "reversed and upside down".

       This lead to presiding military judge Commander Hayes Larsen to call for a "voir dire" or "trial within a trial" to verify the interpreter's professional background, according to a Free Malaysia Today report. The two Malaysians, who have been detained for 15 years, are undergoing a two-day arraignment process at the military courtroom at the US naval station in Guantanamo Bay, Cuba, together with Indonesian Encep Nurjaman, better known as Hambali.

       They are allegedly linked to the 2002 Bali bombings which claimed the lives of 202 people as well as the Jakarta blasts the following year.

       Based on a transcript of the proceedings uploaded on the US Office of Military Commissions website on Wednesday (Sept 2), Larsen questioned the Malaysian-born interpreter's English and Malay language qualifications.

       The interpreter, whose name was not included in the transcript, told the court she was born and raised in a Malay family in Malaysia.

       She told the court that she had completed her SPM examinations and had completed her bachelor's degree in English and a master's degree in the United States.

       The interpreter also said she was a certified proficiency tester for the Department of Defence for the Malay language and a court interpreter in the state of Colorado.

       Following which, Larsen concluded that the interpreters were capable of providing the necessary translation.

       "Having reviewed the résumé of each interpreter, and after having conducted an extensive voir dire of the interpreters, I do believe they are able to provide real-time translation in Bahasa Indonesia and Bahasa Malaysia," he said.

       Larsen, however, advised all parties to speak in a deliberate manner to ensure that proper translation is given during the arraignment process.

       He also said he would append all the counsel's objections with regard to performance of the interpreters if raised by way of motion by the court in future hearings.

       All three suspects did not enter a plea during the arraignment process due to the translations.

       The court adjourned the trial but did not fix a date for the next hearing.

       During the start of the arraignment process, Hambali had argued that his Indonesian interpreter should be removed from the case, claiming there was no impartiality.

       Here is an excerpt of Larsen's examination of the interpreter for the Malaysian suspects.

       Judge: How many times have you provided interpretation services?

       Interpreter: I have done about five cases in Malay.

       Judge: So Interpreter Number 1, how did you learn English?

       Interpreter: Your Honour, I learnt English when I was in Malaysia, since I was born and raised there, and Malay as well. I went to college in the US. I received a bachelor's degree in English and master's degree as well in the US.

       Judge: Which language have you been brought here to translate?

       Interpreter: Malay language.

       Judge: And how did you learn Malay?

       Interpreter: We learned it in school and at home. We spoke Malay everywhere. All our subjects are in Malay as well.

       Judge: Have you formally studied Malay in school or college? If so, please describe.

       Interpreter: Yes. I have studied Malay formally since Standard 1 through to high school, which is, we took the main government exam, which is called SPM.

       Judge: What is the highest grade or degree you completed in studying Malay?

       Interpreter: I actually got to high school – finished high school with an SPM, which is up through high school. That's my formal education.

       Judge: Have you passed any accreditation or certification exams for interpretation or translation? If so, please describe.

       Interpreter: So, I actually am a certified proficiency tester for the Department of Defence for Malay language. I'm also a state of Colorado court interpreter, a qualified court interpreter as well.

       Judge: How many times have you provided interpretation services?

       Interpreter: I have done about five cases in Malay.