Surendran's bid to challenge validity of his dropped charge, dismissed

A three-member Court of Appeal bench today struck out former Padang Serai MP N Surendran's appeal to challenge the constitutionality of the sedition charge he had faced, following the prosecution's move to give him a discharge and an acquittal last week.

This is despite Surendran's lawyers Latheefa Koya and former Federal Court judge Gopal Sri Ram wanting the case to proceed with the hearing, as they argue the case is not academic despite the acquittal. 

"The charge violates, or is an interference on the duty of a lawyer, and the fact that the prosecution had previously wanted to proceed with the case despite the removal or repeal of the section barring comments on the administration of justice, was done a year after he was charged," said Latheefa.

Sri Ram was present as Surendran's original counsel Gurdial Singh Nijhar is overseas, while deputy public prosecutor Jasmee Hamiza Jaafar earlier informed the appellate court what transpired last week.

Despite this, the bench led by Justice Badariah Sahamid, along with Justices Mary Lim and Harminder Singh Dhaliwal, was of the view that since the prosecution has stopped their action and Surendran was granted an acquittal, the matter is considered academic.

Surendran who was one of Anwar Ibrahim's lawyer, was charged following his comment on Anwar's conviction for Sodomy II. 

It was reported on Aug 27 that the prosecution has dropped its case against Surendran and the Sessions Court granted him a full acquittal.

Last April, it was reported that the COA bench wanted both Surendran's lawyers and the prosecution to decide whether it was proper for the court to decide if the law under which Surendran was charged, had since been repealed is not applicable now.

"It would make a mockery of the judiciary to decide on a law which is not applicable, as this would affect the administration of justice," the bench added then. - Mkini