(Malaysiakini) Veteran opposition lawmaker Karpal Singh was today acquitted of sedition charges by the Kuala Lumpur High Court after the prosecution failed to prove a prima facie case.
He was freed of the charge without his defence being called.
Karpal (right) was charged with sedition over the contents of his Feb 6, 2009 press conference, where he said legal action could be instituted against the Perak sultan over his role in the state constitutional crisis earlier that year.
Karpal (right) was charged with sedition over the contents of his Feb 6, 2009 press conference, where he said legal action could be instituted against the Perak sultan over his role in the state constitutional crisis earlier that year.He was charged under section 4(1) (b) of the Sedition Act 1948 which carries a maximum sentence of RM5,000 fine or a jail term of three years or both if found guilty.
On March 17 last year, Karpal Singh claimed trial to a charge of uttering seditious words at his office, Tetuan Karpal Singh & Co, Jalan Pudu Lama between noon and 12.30pm on Feb 6.
He was charged under Section 4(1)(b) of the Sedition Act 1948 and faces a maximum fine of RM5,000 or three years' imprisonment, or both, if found guilty.
On March 17 last year, Karpal Singh claimed trial to a charge of uttering seditious words at his office, Tetuan Karpal Singh & Co, Jalan Pudu Lama between noon and 12.30pm on Feb 6.
He was charged under Section 4(1)(b) of the Sedition Act 1948 and faces a maximum fine of RM5,000 or three years' imprisonment, or both, if found guilty.
In his judgement, the recently promoted Judge Azman Abdullah said that Karpal's action did not amount to sedition as it falls under the exception provided by law.
"After scrutinizing the statements to the press , I find that they falls within the exception in Section 3(2)(a) of the Sedition Act 1948," he said.
"After scrutinizing the statements to the press , I find that they falls within the exception in Section 3(2)(a) of the Sedition Act 1948," he said.
Section 2 states that it is not seditious to "show that any Ruler has been misled or mistaken nor is it seditious to point out errors or defects in the government or constitution as established by the law.
The judge added that the prosecution had failed to prove the ingredient provided in section 3(1) under the Act which leads to the tendency to incite or to incite hate and disloyalty to the Ruler.
The judge added that the prosecution had failed to prove the ingredient provided in section 3(1) under the Act which leads to the tendency to incite or to incite hate and disloyalty to the Ruler.
Judge Azman abrought up a few incidents from the press conference, to illustrate how Karpal's action clearly fell under the exception rules, citing the following two instances:
"In a video of the press conference, the accused said "But I'll make it very clear, I got nothing personal in this matter, this is a constitutional matter".
"In a video of the press conference, the accused said "But I'll make it very clear, I got nothing personal in this matter, this is a constitutional matter".
"Few provocative questions were asked the accused but in his answers, he did not take the opportunity to blow up the issue".
Representing Karpal were Jagdeep Singh, Param Cumaraswamy, Gobind Singh Deo, Teoh Lip Eng, Sangeet Kaur, M Manoharan, Ram Karpal and Ponmugan Ponnan.
The prosecutors comprised Noorin Badaruddin and Melissa Mohd Akhir while Rajpal Singh held the watching brief for the Bar Council.
The prosecutors comprised Noorin Badaruddin and Melissa Mohd Akhir while Rajpal Singh held the watching brief for the Bar Council.
Outside the court a jubilant DAP National Chairman was all smiles, thanking his lawyers, while reminding all present that he had always maintained his innocence.
"What I have said is in accordance with the law. I have always maintained it, nothing untoward or illegal from what I had said," the Bukit Gelugor MP told reporters outside court.
Asked if he had expected to be acquitted, he said that he had always thought there was nothing wrong with what he had said.
"Justice has prevailed" he added, after his wife Gurmit Kaur presented him with a colourful garland.
He said that the fact that he had been cleared showed that there was some truth in his statements.
"What I have said is in accordance with the law. I have always maintained it, nothing untoward or illegal from what I had said," the Bukit Gelugor MP told reporters outside court.
Asked if he had expected to be acquitted, he said that he had always thought there was nothing wrong with what he had said.
"Justice has prevailed" he added, after his wife Gurmit Kaur presented him with a colourful garland.
He said that the fact that he had been cleared showed that there was some truth in his statements.
"The message is quite clear, a ruler can be taken to court, that what I said is in line with the constitution," he added.
When asked if he is going to celebrate, he laughed and said that there had been lots of calls for it.
When asked if he is going to celebrate, he laughed and said that there had been lots of calls for it.
"The message is quite clear, a ruler can be taken to court, that what I said is in line with the constitution," he added.
When asked if he is going to celebrate, he laughed and said that there are a lot of calls for it.
"Of course we have must heed to those calls," he said smiling broadly.
His son Jagdeep chipped in, saying the court decision was indeed a fine birthday present for his father's 70th birthday which falls on the 28th of this month.
A total of 19 witnesses had testified in the trial, among them deputy director of RTM television news Roslan Ariffin, Malaysiakini journalist Lee Way Loon and Utusan Malaysia reporter Nizam Mohd Yatim.
When asked if he is going to celebrate, he laughed and said that there are a lot of calls for it.
"Of course we have must heed to those calls," he said smiling broadly.
His son Jagdeep chipped in, saying the court decision was indeed a fine birthday present for his father's 70th birthday which falls on the 28th of this month.
A total of 19 witnesses had testified in the trial, among them deputy director of RTM television news Roslan Ariffin, Malaysiakini journalist Lee Way Loon and Utusan Malaysia reporter Nizam Mohd Yatim.
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