Lawyers, cartoonist to challenge constitutionality of sedition laws

Lawyers for Liberty executive director Eric Paulsen (left) with his lawyer Latheefa Koya. The latter is also representing Padang Serai MP N. Surendran and political cartoonist Zunar in court over sedition charges brought against them. – The Malaysian Insider pic, November 6, 2015.Two lawyers and a political cartoonist, all of whom are facing sedition charges, have filed applications to have their matters referred to the High Court as key constitutional issues will be raised.

Lawyer Latheefa Koya said the applications would be heard separately before Sessions Court judge Amernudin Ahmad next month.

"This is a reference of constitutional questions by a subordinate court to the High Court under section 30 of the Courts of Judicature Act," she told The Malaysan Insider after case management today.

The three are N. Surendran, Eric Paulsen and political cartoonist Zulkiflee Anwar Ulhaque, better known as Zunar.

Surendran filed his application last month, Paulsen on Monday while Zunar today at the Kuala Lumpur subordinate court registry.

Latheefa said the rights of accused persons in a sedition trial were in jeopardy as the prosecution was exempted from proving intention.

"This is breach of a fair trial and the right to equal protection under the law," she said.

The three, she said, will argue that Parliament could not enact provisions to punish offenders for violating freedom of speech.

"They also want a review of the five-man apex court bench that had ruled last month that Sections 3 and 4 of the Sedition Act are not in breach of Article 10 of the Federal Constitution," he said.
 
Latheefa said the three would apply to the High Court to refer their matter to the Federal Court if the Sessions Court allowed the transfer.

On August 19 last year, Surendran was charged with criticising the Court of Appeal’s ruling that overturned a lower court’s decision to discharge Datuk Seri Anwar Ibrahim from his second sodomy charge.

Surendran, who is Anwar’s lawyer, was accused of committing the offence in a news release titled “Court of Appeal’s Fitnah 2 Written Judgment is Flawed, Defensive & Insupportable” that was issued to news portal Malaysiakini on April 18.

He also faces a second sedition charge under the same clause for an August 8 YouTube comment, where he allegedly accused the prime minister of being personally responsible for the alleged rushing of dates in the Federal Court’s hearing of Anwar’s second sodomy court case.

If found guilty, Surendran, who is Padang Serai MP, faces a fine of up to RM5,000, a maximum three-year jail term, and also risks losing his position as a Member of Parliament.

Under the law, elected representatives can be stripped of their position if they are sentenced to a one-year jail term or fined RM2,000 or more.

On February 5 this year, Paulsen was charged over his Twitter post which allegedly criticised the Malaysian Islamic Development Department (Jakim) for spreading extremism via Friday sermons.

Paulsen, who is executive director of civil society movement Lawyers for Liberty, posted the remark on January 9.

On April 3, Zunar was slapped with nine sedition charges over his tweet on Anwar's sodomy conviction in the Federal Court in early February.

- TMI