Mat Sabu's bid to strike out defamation charge dismissed

The Penang High Court has dismissed PAS deputy president Mohamad Sabu’s fresh application to  dismiss a charge against him for allegedly uttering defamatory words over the Bukit Kepong tragedy.

Mohamad’s lawyer Hanipa Maidin said the High Court dismissed the case because his client was unable to prove how the attorney-general had “discriminated” against him with the charge.

Hanipa said Mohamad, better known as Mat Sabu, will file an appeal by this week.

“We asked that the court to exercise its power to refer the matter to the Federal Court straight away, but the court refused to do so,” Hanipa (left) told Malaysiakini.

Mat Sabu had made the application on grounds that the charge was contrary to Article 8 of the federal constitution related to the right to equality before the law.

When filing the case, Hanipa had said that his client had reason to believe that the AG and the public prosecutor have acted discriminatorily because only Mat Sabu was charged with uttering the remarks.

“Utusan Malaysia, which printed Mat Sabu’s alleged defamatory remarks, should also be charged with criminal defamation under Section 500 of the Penal Code for printing his statements,” Hanipa had then told Malaysiakini.

Mat Sabu was charged with defaming policemen and their family members who defended themselves in an attack by communist insurgents at the Bukit Kepong police station on Feb 23, 1950.

He was accused of uttering the remarks at a ceramah in Tasek Gelugor between 10pm and midnight on Aug 23, last year.

The charge under Section 500 of the Penal Code carries a two-year jail term or a fine, or both on conviction.