Why jailed human rights leader can’t make appeal – he has to wait for a judge

Human rights leader P. Uthayakumar (pic), who was jailed four months ago for sedition, has become a victim of justice delayed.

He is unable to appeal against his conviction and sentence because the trial judge has yet to write the grounds of judgment.

His lawyer, M. Manoharan, said Uthayakumar's appeal in the High Court will not be heard unless sessions judge Ahmad Zamzani Mohd Zain provides the written grounds.

"A trial judge is supposed to prepare the grounds of judgment within eight weeks once a notice of appeal is filed," he said.

Uthayakumar filed his notice of appeal on June 6, a day after the 30-month jail sentence was meted out to him.

Manoharan said he had written on three occasions to the judge's secretary, urging that the written judgment be expedited but never received a reply.

"My client is languishing in jail, and he is not well. The sessions judge must provide the written judgment as soon as possible," he told The Malaysian Insider.

Uthayakumar was found guilty on June 5 of publishing seditious remarks on the Police Watch website over a letter to former British prime minister Gordon Brown in 2007.

The former Internal Security Act (ISA) detainee was sentenced just hours after younger brother and activist P. Waythamoorthy was appointed senator and deputy minister in Datuk Seri Najib Razak's administration following the May 5 general election.

Uthayakumar had refused to put up a defence or mitigate before the sessions judge, claiming that it was in protest of how Indians in Malaysia were treated.

He also did not seek bail pending his appeal.

On Tuesday, he was taken from the Kajang prison to attend a case management hearing before Kuala Lumpur High Court deputy registrar Nourani Yusuf. However, the case management was adjourned to October 24 because there was no judgment.

"This is the second time a case management was held for the appeal. We hope the judgment will be ready for us to proceed further," Manoharan said.

Lawyers who appeared for Uthayakumar also brought to attention his medical condition and the court allowed treatment for diabetes and a back injury.

About 20 supporters were present at the court. Uthayakumar smiled broadly as he entered the registrar's room, raising his fist to his supporters.

He was allowed to speak with his mother, G. Kalaivani, and wife S. Indra Devi.

Meanwhile Rajpal Singh, who co-chairs the Bar Council's criminal committee, said Uthayakumar’s lawyers should have brought the matter to the attention of the director of the Kuala Lumpur Courts.

"We will also raise the issue of trial judges who are late in providing judgments," he said when contacted. – September 27, 2013.