Anwar's Lawyer Charged With Sedition For Defending Him In Sodomy II Charge

PKR vice-president N Surendran today claimed trial to a sedition charge at the Kuala Lumpur Sessions Court.

Among those present included PKR's vice-president and Lembah Pantai MP Nurul Izzah Anwar, former Selangor exco Dr Xavier Jeyakumar and party communications director Fahmi Fadzil.

The Padang Serai MP is charged with sedition for allegedly saying that the Anwar Ibrahim Sodomy II charge is false in a press release on April 14.

The lawyer had allegedly said to reporters that Najib had a hand in determining the dates for Anwar’s appeal against his sodomy conviction. A video of the press conference was later uploaded on YouTube.

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According Surendran, the warrant of arrest was issued following a series of police reports by Umno leaders nationwide accusing him of causing disaffection against Prime Minister Datuk Seri Najib Razak. “The police did not call me in to record my statement… but there is already an arrest warrant out. So at this moment I am a fugitive from justice. “This is clearly an attempt to prevent our defence on Najib’s involvement from coming out,” Surendran told Malay Mail Online.

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Yesterday, Berita Harian reported that at least 15 police reports were lodged against Surendran over the accusations levelled against Najib.

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Surendran, when met outside court, described the action as malicious prosecution by Umno following police reports lodged against him. He said what the charge means is that any judgment by the courts cannot be questioned by anyone including lawyers.

“This is a dangerous charge and shocking as I have been charged for sedition for criticising the judgment by the courts. “What it means is any law professor who criticises a judgment is deemed to have commited sedition. This charge will not deter me in any way and I will continue the fight for justice,” he said.

Surendran, when met after his release, said the charge against him in a Kuala Lumpur court on Tuesday would not affect his task as Anwar's lawyer in the second sodomy case appeal expected to take place in October. "I strongly protest this charge. We will continue to fight for a better Malaysia," he added.

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In an immediate response, Anwar hit out at the charge, insisting it was a politically motivated “campaign of intimidation” against Surendran and accused Umno of interfering with the court’s processes. “It is a direct attempt to prevent the grounds of conspiracy from being raised by my lawyers,” he said, in a statement on his blog.

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The PKR de facto leader pointed out that Najib’s involvement in the case was one of the main points of defence during the course of the trial at the High Court that ended in 2012. Anwar’s legal team had then accused Najib of meeting with Saiful two days before the latter claimed he was sodomised. “Now, Umno is going all out to prevent my lawyers from even mentioning Najib’s involvement in this conspiracy,” Anwar said. “How is it a crime for my lawyer to state to the public this essential grounds of my defence in the appeal?”

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In an immediate reaction, Human Rights Watch’s Phil Robertson criticised the government for hauling Surendran to court.

"The government's decision to charge N. Surendran with sedition today is yet another blatant example of a draconian law being used to violate freedom of expression and silence critics. “This is part of a clearly emerging Malaysian government campaign to systematically pursue its political opponents using trumped up charges under the Sedition Act,” he said.

He added that by engaging in legal harassment and persecution of opponents using a law that is an relic of colonial authoritarianism, Najib demonstrates that he apparently has no abiding commitment to either political moderation or human rights. “His prior pledges to amend the Sedition Act sadly stand revealed as hollow rhetoric designed to deceive both Malaysians and the international community,” he added.

Surendran is the second vice-president from PKR charged under the controversial and draconian Sedition Act, which Prime Minister Najib Abdul Razak had said his government intended to repeal. Previously Batu MP and also PKR vice-president Tian Chua also faced similar charge.

If found guilty, the PKR vice-president stands to face a maximum three-year jail term or a maximum RM5,000 fine or both.

Judge Zainol Rashid Hussain set bail at RM5,000 with one surety and fixed Sept 18 for case management.

Kuala Lumpur deputy CID chief ACP Khairi Ahrasa said Surendran surrendered at Wangsa Maju police headquarters at 7.52pm accompanied by his lawyer Latheefah Koya. "Surendran has been released on police bail to appear in a Kuala Lumpur court in Jalan Duta at 8.30am on Tuesday to be charged under Section 4 (1) of the Sedition Act 1948," she said when contacted.

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