Hindu Rights Action Force (Hindraf) founder P Uthayakumar has refused to continue his defence to a sedition charge in the Kuala Lumpur Sessions Court today.
He is accused of publishing seditious material in a letter written between Nov 15 and Dec 8, 2007 to then British premier Gordon Brown, alleging state-sponsored social ‘ethnic cleansing’ of the Indian poor in Malaysia. It was also posted on the now-defunct Police Watch website.
This morning, Uthayakumar - a lawyer by profession - twice refused the opportunity to address the court, presided by Judge Ahmad Zamzani Mohd Zain.
Each time, Uthayakumar replied: “Because of the circumstances of this case and in protest against institutionalised racist government policies in Malaysia victimising in particular the Indian poor, I was/am unable to proceed further with my defence, re-examination, calling further witnesses, submitting a close of case and mitigation.”
He said this before and after DPP Noorin Badaruddin made her final submission.
He is accused of publishing seditious material in a letter written between Nov 15 and Dec 8, 2007 to then British premier Gordon Brown, alleging state-sponsored social ‘ethnic cleansing’ of the Indian poor in Malaysia. It was also posted on the now-defunct Police Watch website.
This morning, Uthayakumar - a lawyer by profession - twice refused the opportunity to address the court, presided by Judge Ahmad Zamzani Mohd Zain.Each time, Uthayakumar replied: “Because of the circumstances of this case and in protest against institutionalised racist government policies in Malaysia victimising in particular the Indian poor, I was/am unable to proceed further with my defence, re-examination, calling further witnesses, submitting a close of case and mitigation.”
He said this before and after DPP Noorin Badaruddin made her final submission.
The court is expected to deliver its decision at 2.30pm today.
If found guilty, Uthayakumar can be jailed up to three years or fined a maximum of RM5,000, or both. However, he has already said hewill not pay a fine.
Uthayakumar has only submitted half-a-day's defence thus far, invoking Section 3(2)(b) of the Sedition Act which states that it is not seditious to point out an error or flaw in the government.
In her final submission, Noorin countered that he had gone beyond what constitutes valid criticism, by tarnishing Malaysia's reputation abroad and with seditious statements.
"The words used by the accused in (the letter to Brown) such as ‘mini genocide', ‘ethnic cleansing', ‘armed terrorist', ‘Islamic extremist' are words that would internationally portray an atrocious crime and cruel racial oppression," she said.
"For example, (crimes) that occurred in Bosnia Herzegovina and Myanmar, which have never occurred in this country. These (statements) not only have a seditious tendency but are much worse."
"The words used by the accused in (the letter to Brown) such as ‘mini genocide', ‘ethnic cleansing', ‘armed terrorist', ‘Islamic extremist' are words that would internationally portray an atrocious crime and cruel racial oppression," she said.
"For example, (crimes) that occurred in Bosnia Herzegovina and Myanmar, which have never occurred in this country. These (statements) not only have a seditious tendency but are much worse."
[More to follow]
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