Karpal Singh Found Guilty Of Sedition For Questioning The Sultan Of Perak

The Geneva-based International Commission of Jurists (ICJ) has come to the defence of prominent lawyer Karpal Singh, following the guilty verdict on him on a charge of sedition by the Hight Court, which today meted out a RM4,000 fine on him.

themalaysianinsider.com

"The ICJ condemned the High Court decision sentencing prominent Malaysian lawyer and chairman of the opposition Democratic Action Party Karpal Singh with a criminal sanction — amounting to RM 4,000 fine (approximately US$1,220) — after the court found him guilty of sedition on 21 February 2014."

icj.org

“The Malaysian government is brazenly utilizing a draconian and outdated sedition law to restrict freedom of expression in the country by lawyers and public figures,” said Emerlynne Gil, ICJ’s International Legal Adviser on Southeast Asia.

icj.org

“Public discussion, including debates on the interpretation of laws, are an integral part of the nature of the legal process and a crucial step in the strengthening of a country’s democracy and rule of law,” said Gil. “A lawyer’s right to freely and independently engage and express their views on the law fulfills an important aspect of their professional role.”

icj.org

Meanwhile, lawyer Latheefa Koya said Karpal could also remain party chairman until his final appeal was determined, as the Societies Act had not imposed any immediate restriction upon conviction.

themalaysianinsider.com

Meanwhile, a defiant Karpal said he stood by his statement in February 2009 that the Sultan was not above the law. "I was doing my duty as an MP and lawyer that the Ruler can be taken to court," he told reporters after the sentencing by the High Court today.

themalaysianinsider.com

The United Nations High Commissioner for Human Rights has urged the Malaysian government to review the conviction of DAP chairperson Karpal Singh for sedition and to repeal the Sedition Act as promised two years ago.

Under Malaysia’s 1948 Sedition Act, Mr. Singh was charged “after suggesting at a press conference in 2009 that it was possible to bring a legal challenge against a decision by the Sultan of the Malaysian state of Perak to dismiss the then Chief Minister,” explained OHCHR spokesperson Rupert Colville in Geneva.

“The prosecution in the case argued that Mr. Singh’s words had the tendency to create hatred towards the Sultan,” he said.

“Lawyers must be able to discharge their professional functions without intimidation, hindrance or improper interference of any sort and should be entitled to express views in their professional capacities on matters concerning the law,” Rupert Colville.

theedgemalaysia.com

“Lawyers must be able to discharge their professional functions without intimidation, hindrance or improper interference of any sort and should be entitled to express views in their professional capacities on matters concerning the law,” OHCHR spokesperson Rupert Colville in Geneva.

“The 1948 Sedition Act is not in conformity with international human rights law. Using this law to limit freedom of expression and opinion could stifle enjoyment of these rights in Malaysia,” said Rupert Colville. “We urge the Government of Malaysia to review Mr. Singh’s conviction and to repeal the Sedition Act – something which the Prime Minister had, in 2012, publicly undertaken to do.”

Senior lawyer Karpal Singh has been fined RM4,000 for sedition by the Kuala Lumpur High Court, thereby losing his eligibility to represent the parliamentary constituency of Bukit Gelugor.

Under the Federal Constitution, an MP is disqualified if he is fined more than RM2,000 or sentenced to jail of more than a year.

nst.com.my

Judge Datuk Paduka Azman Abdullah handed down the sentence after taking into account mitigation plea from Karpal's counsel Gobind Singh Deo and arguments for deterrent sentence by deputy public prosecutor Noorin Badaruddin.

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The prosecution had pressed for a custodial sentence in submitting at the mitigation stage of the case this morning. Justice Azman Abdullah, however, said he had looked at the facts of the case and considered the public interest, as well as the special circumstances of Karpal’s health condition.

Veteran lawyer Karpal Singh today filed an appeal at the High Court to overturn the guilty verdict over a charge of uttering seditious words against the Sultan of Perak.

themalaysianinsider.com

Karpal will now have to await the grounds of judgment from trial judge Datuk Paduka Azman Abdullah, before submitting his appeal in the Court of Appeal.

msn.com

March 11 has been set as the new date for the mitigation and sentencing of lawyer and DAP chairman Karpal Singh for sedition for questioning the Sultan of Perak's action in removing Datuk Seri Mohammad Nizar Jamaluddin as the menteri besar of Perak in 2009.

nst.com.my

The Bukit Gelugor MP said he was verbally informed of the new date by the deputy registrar of High Court today because the trial judge, Datuk Azman Abdullah, currently attached to the Kota Baharu High Court, would not be able to attend on the initial date.

nst.com.my

The High Court on Friday found lawyer and DAP chairman Karpal Singh guilty of sedition for questioning the Sultan of Perak's action in removing Datuk Seri Mohammad Nizar Jamaluddin as the menteri besar of Perak in 2009.

bernama.com

Karpal Singh, 73, was charged with having said at his legal firm in Jalan Pudu Lama on Feb 6, 2009, that the removal of Mohammad Nizar and the appointment of Datuk Seri Dr Zambry Abdul Kadir as the new menteri besar by the sultan could be questioned in court.

theedgemalaysia.com

Karpal’s defence team argued that the politician merely offered a legal opinion and the charge levelled at him was done in bad faith.

"Karpal did not question the Ruler's prerogative to appoint a menteri besar, but his contention is that such power can only be exercised when there is a vacancy," Gobind had said in his submission at the close of the defence's case last month.
"The law allows for Rulers to be sued and it is for this reason that a Special Court was set up in 1993," Gobind said.

themalaysianinsider.com

Deputy Public Prosecutor Noorin Badaruddin said Karpal had uttered seditious words and his intention was irrelevant for the prosecution to prove. "He has questioned the prerogative of the Sultan under the constitution," she said, adding the statement was made in the midst of a tense political crisis then. She said the lawyer's words have the tendency to create hatred towards the Ruler.

themalaysianinsider.com

Whispers in the court public gallery halted when judge Datuk Paduka Azman Abdullah ruled that DAP national chairman Karpal failed to raise reasonable doubt in the prosecution's case at the end of defence.

nst.com.my

"After having gone through the accused's defence and witness testimonies and the overall evidence including the verdict by the Court of Appeal, and submissions by both parties, the court finds the accused failed to raise any doubt through his defence.

nst.com.my

"In other words, the prosecution succeeded in proving its case beyond reasonable doubt and the court therefore finds the accused guilty of the charge," Azman said in reading out a brief written judgment during proceedings today.

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Karpal risks being disqualified as the Bukit Gelugor MP as the offence carries a maximum fine of RM5,000 or three years imprisonment, or both.

Under the Federal Constitution, an elected representative is disqualified from office if fined more than RM2,000 or jailed for a term exceeding one year.

themalaysianinsider.com

The public gallery was earlier packed with dozens of supporters wearing DAP T-shirts and those who could not find seats were asked by the bailiff to wait outside. A sombre mood permeated the courtroom following the decision, with DAP elected representatives gathering around the septeguanarian and patting his shoulder for comfort.

Karpal's counsel Gobind Singh Deo, who is also his son, then sought the court's permission for the defence be given a week to prepare mitigation. Gobind said this was because his father Karpal was not well.

nst.com.my

When Azman asked deputy public prosecutor Noorin Badaruddin whether the prosecution had any objection, she said the prosecution would leave it to the court's discretion. Azman then fixed March 7 for mitigation and sentencing.

nst.com.my

DAP chairperson Karpal Singh was found guilty by the High Court Speaking to media, the Bukit Gelugor MP said he would appeal the conviction within two weeks.

Speaking to media, the Bukit Gelugor MP said he would appeal the conviction within two weeks. "We accept the court decision at this stage and I will appeal," he said.

When Karpal, 73, was met outside the court, the Bukit Gelugor MP said the defence accepted and respected the court's right to arrive at the decision.

nst.com.my

Turning to DAP adviser and long-time comrade Lim Kit Siang, Karpal smiled and said: "This is not the first time I've been convicted."

Among DAP leaders and members spotted in court included DAP adviser Lim Kit Siang, Penang Chief Minister Lim Guan Eng, Segambut member of parliament Lim Lip Eng, Cheras MP Tan Kok Wai and Bukit Bintang MP Fong Kui Lun.

nst.com.my

Karpal's wife Gurmit Kaur, his son Jagdeep Singh Deo and his other family members were also present.

nst.com.my

Karpal Singh’s sedition conviction this morning for expressing an opinion on the 2009 Perak crisis indicated the return of “authoritarianism and political persecution” in the country, a lawyers group said today.

themalaymailonline.com

Expressing “extreme concern and shock” over the guilty verdict, Lawyers for Liberty (LFL) said the veteran DAP politician had merely given his legal opinion on the 2009 constitutional crisis in Perak that led to the ouster of the Pakatan Rakyat administration then.

themalaymailonline.com

“While it is true freedom of speech is not absolute and there are accepted limitations, [such as] incitement to violence and hate speech, the threshold for freedom of speech however must be high,” LFL executive director Eric Paulsen said in a statement.

themalaymailonline.com

The group said that Karpal’s conviction today and the failure of Hindu rights activist P. Uthayakumar’s appeal against his sedition charge earlier this week were signs that Putrajaya’s promised reforms to grant Malaysians greater freedoms was false.

themalaymailonline.com