Tian's Lahad Datu trial postponed: Sedition Act made UNLAWFUL by recent ruling - Surendran

KUALA LUMPUR - The sessions court postponed Batu MP Tian Chua's sedition trial over his statements on the Lahad Datu intrusion pending decision on his application to refer the constitutionality of the Sedition Act to the High Court.

Defence counsel N. Surendran, who had earlier made the oral application, argued that fundamental liberties under Article 10 of the Federal Constitution cannot be criminalised.

He said the Court of Appeal's decision on April 25 on Seri Setia assemblyman Nik Nazmi Nik Ahmad's case is a landmark one, where the court struck down Section 9(5) of the Peaceful Assembly Act 2012 for going against freedom of speech and expression guaranteed under Article 10 of the Federal Constitution.

He told reporters : "We applied to refer the constitutionality of Sedition Act to High Court to strike down the Sedition Act and asked for the case to be stayed. Nik Nazmi's case has clearly stated you cannot have any penal sanctions on fundamental rights. Because of that case, the Sedition Act is now also unlawful and unconstitutional."

Deputy public prosecutor Yusaini Amer Abdul Karim has asked the court to grant the prosecution time to prepare for Tian Chua's application since they were only informed of it by the defence today.

He said that the court needs to hear the application first before making a decision on whether or not to refer the matter to the High Court in ensuring that it is not a tactic to delay proceedings.

Judge Norsharidah Awang ordered the defence to file a formal application and vacated the trial dates pending disposal of the application.

The trials were initially scheduled from May 14 to 16. Norsharidah postponed the hearing to June 26.

-Sundaily