Two top legal eagles give Mat Sabu's criminal defamation charge the thumbs-down.
PETALING JAYA: Two prominent figures in the legal fraternity have reacted with incredulity over PAS deputy president, Mohamad Sabu’s, criminal defamation charge with one of them bluntly calling it “stupid”.
Mohamad, better known as Mat Sabu, was charged yesterday at the Butterworth Sessions Court under Section 500 of the Penal Code with challenging the official account of the 1950 Bukit Kepong incident during a ceramah in Tasek Gelugor, Penang, on Aug 21.
He was accused of defaming the dead police personnel and their families who defended themselves during a Communist attack led by Mat Indera on the Bukit Kepong police station.
The charge has drawn harsh criticism from opposition supporters and NGOs who questioned the sincerity of Prime Minister Najib Tun Razak’s recent pledge for democratic reforms and openness.
Mat Sabu himself has said that the case is about the interpretation of history and should be resolved through debate and dialogue, not by court. And he has since won the backing of two top legal eagles.
Lawyer and former UN Special rapporteur, Param Cumaraswamy, warned that Mat Sabu’s prosecution is an affront to Najib’s Malaysia Day annoucement.
“I’m very surprised that this archaic penal provision of criminal defamation has been invoked to charge Mat Sabu,” he told FMT in a text message.
“Many countries have decriminalised such defamation from their Penal Codes as it offends the fundamental right to freedom of expression. Malaysia is one of the very few to retain and invoke it.”
“This prosecution certainly makes a mockery of the PM’s recent statement proposing repeals of the several draconian laws. Looks like the Attorney-General is not in tandem with the PM.”
Let the affected families sue
Former Court of Appeal judge, Shaik Daud Ismail, didn’t mince his words when he branded the charge as “stupid” and dismissed it as having no basis.
“How can it be defamation?” he asked. “If he is being accused of defaming the dead, then let the family alone tackle it. Why are the police and the Attorney-General so concerned?”
“Utusan Malaysia has written many defamatory things in the past and yet no action has been taken against it. That speaks for itself.”
Shaik Daud said that the charge did not hold water and that it would reflect very badly on the legal fraternity.
Judge Ikmal Hishan Mohd Tajuddin has fixed Oct 27 for mention of the case and Dec 5-9 for trial.
PETALING JAYA: Two prominent figures in the legal fraternity have reacted with incredulity over PAS deputy president, Mohamad Sabu’s, criminal defamation charge with one of them bluntly calling it “stupid”.Mohamad, better known as Mat Sabu, was charged yesterday at the Butterworth Sessions Court under Section 500 of the Penal Code with challenging the official account of the 1950 Bukit Kepong incident during a ceramah in Tasek Gelugor, Penang, on Aug 21.
He was accused of defaming the dead police personnel and their families who defended themselves during a Communist attack led by Mat Indera on the Bukit Kepong police station.
The charge has drawn harsh criticism from opposition supporters and NGOs who questioned the sincerity of Prime Minister Najib Tun Razak’s recent pledge for democratic reforms and openness.
Mat Sabu himself has said that the case is about the interpretation of history and should be resolved through debate and dialogue, not by court. And he has since won the backing of two top legal eagles.
Lawyer and former UN Special rapporteur, Param Cumaraswamy, warned that Mat Sabu’s prosecution is an affront to Najib’s Malaysia Day annoucement.
“I’m very surprised that this archaic penal provision of criminal defamation has been invoked to charge Mat Sabu,” he told FMT in a text message.
“Many countries have decriminalised such defamation from their Penal Codes as it offends the fundamental right to freedom of expression. Malaysia is one of the very few to retain and invoke it.”
“This prosecution certainly makes a mockery of the PM’s recent statement proposing repeals of the several draconian laws. Looks like the Attorney-General is not in tandem with the PM.”
Let the affected families sue
Former Court of Appeal judge, Shaik Daud Ismail, didn’t mince his words when he branded the charge as “stupid” and dismissed it as having no basis.
“How can it be defamation?” he asked. “If he is being accused of defaming the dead, then let the family alone tackle it. Why are the police and the Attorney-General so concerned?”
“Utusan Malaysia has written many defamatory things in the past and yet no action has been taken against it. That speaks for itself.”
Shaik Daud said that the charge did not hold water and that it would reflect very badly on the legal fraternity.
Judge Ikmal Hishan Mohd Tajuddin has fixed Oct 27 for mention of the case and Dec 5-9 for trial.
No comments:
Post a Comment