Judge swayed by Court of Appeal to convict Karpal of sedition, says Gobind

The late Karpal Singh had commented on the Perak constitutional saga in early 2009 and was charged with sedition. His widow is now appealing the RM4,000 fine. – The Malaysian Insider file pic, November 24, 2015.

The late lawyer Karpal Singh’s defence in a sedition trial was not considered by the judge influenced by the ruling of a Court of Appeal, counsel Gobind Singh said. 

The lawyer today told the Court of Appeal the High Court did not take into account that Karpal was merely giving his legal opinion, a defence available for an accused under the Sedition Act 1948.

“Karpal was only pointing an error on the part of the ruler (sultan Perak), although he might not have used temperate language,” Gobind told the appellate court’s three-man bench led by Datuk Mohtaruddin Baki today. 

Gobind said Karpal had read out a statement during a press conference in his office, where he said the ruler had the prerogative to appoint a menteri besar.

“However, Karpal had opined that the ruler could not appoint a menteri besar when there was no vacancy. He could have been wrong but that was his view,” Gobind said.

Karpal, who died in April 2014, committed the offence at his legal firm in Jalan Pudu Lama, Kuala Lumpur, on February 6, 2009.

He had said the removal of PAS's Datuk Seri Mohammad Nizar Jamaluddin as menteri besar of Perak by the ruler could be questioned in a court of law.

Karpal’s defence was that he offered a legal opinion and not a threat to the ruler, who was once the Lord President of the then Supreme Court.

On June 11, 2010, High Court judge Datuk Paduka Azman Abdulah acquitted Karpal without defence being called for allegedly uttering the seditious words.

Azman said the prosecution failed to prove the ingredients stated under Section 3 (1) of the Sedition Act, on the tendency to incite hatred, insult or disloyalty to the ruler.

The trial judge said the DAP national chairman had merely been giving his opinion by referring to provisions in the Perak constitution and legal provisions from court decisions.

However, on January 20, 2012, a three-man Court of Appeal, chaired by Datuk Ahmad Maarop, ordered Karpal to enter his defence after allowing an appeal by the prosecution.

Azman then found Karpal guilty on February 21 last year of uttering seditious words against the sultan of Perak.

On March 11, Karpal was fined RM4,000 despite the then deputy public prosecutor Noorin Badarudidn pressing for a deterrent sentence.

Karpal died in an accident along the North-South Expressway near Gua Tempurung on April 17 last year.

The former Bukit Glugor MP’s widow Gurmit Kaur, who is also the administrator of her late husband’s estate, is now the substitute appellant.

Karpal’s comments had been in relation to the Perak constitutional saga in early 2009, after Barisan Nasional (BN) secured the majority in the 59-seat legislature when three assemblymen switched allegiance to the coalition.

Their move eventually paved the way for BN to take over the state government after the sultan appointed a BN assemblyman as the new menteri besar.

Up until then, Pakatan Rakyat, comprising DAP, PKR and PAS, formed the Perak government after winning 31 seats in the 2008 elections.

The prosecution will make its submission on January 8.

- TMI