Karpal’s widow fails to include judge’s affidavit as evidence in sedition appeal

PUTRAJAYA: The Federal Court today dismissed a motion by the widow of the late Karpal Singh to introduce fresh evidence in a sedition appeal scheduled to be heard next week.

Gurmit Kaur, the substitute appellant, filed an application to include the 65-page affidavit of Court of Appeal judge Hamid Sultan Abu Backer as new evidence last week.

Hamid, in the affidavit filed in support of a suit by Sangeet Kaur Deo, had claimed there were instances of misconduct and corruption among some judges.

He also alleged there had been judicial interference, resulting in Karpal’s conviction being upheld in a 2-1 split decision by the Court of Appeal in 2016.

Today, a five-member bench chaired by Chief Judge of Sabah and Sarawak David Wong Dak Wah said the introduction of the affidavit was not material in the sedition appeal.

“The motion is premature as there is an ongoing police investigation into the affidavit and the government has said it will set up a royal commission of inquiry,” he said.

Wong said the Attorney-General’s Chambers had also filed an application in the High Court to expunge Hamid’s affidavit.

However, he said it was open for parties to reconsider their positions after the investigations were completed.

Others on the bench were Ramly Ali, Rohana Yusuf, Mohd Zawawi Salleh and Idrus Harun.

The sedition appeal is fixed before a seven-member bench on April 28.

Karpal, a former DAP national chairman, was convicted in early 2014 of questioning the late Perak ruler, Sultan Azlan Shah, for removing from office former menteri besar Mohammad Nizar Jamaluddin during the 2009 Perak constitutional crisis.

Karpal’s lawyers in the trial court and Court of Appeal took the position that the former Bukit Gelugor MP committed no offence as he was merely giving his legal opinion for the ruler to consider.

Karpal died in an accident on the North-South Expressway near Gua Tempurung on April 17, 2014.

On May 30, 2016, the Court of Appeal in a 2-1 ruling allowed Karpal’s appeal and reduced the RM4,000 fine to RM1,800 but the conviction was upheld.

Justice Mohtarudin Baki, along with justice Kamardin Hashim, ruled that the conviction was safe.

“The accused crossed the line when he gave his comments about the sultan removing the former menteri besar. He was giving his comments. However, it’s not worthy to make such comments about a ruler,” Mohtarudin said.

But dissenting judge Tengku Maimun Tuan Mat, now elevated to the Federal Court, found that Karpal’s defence fell under Section 3(2) of the Sedition Act.

“The accused wanted to show the ruler was wrong,” she had said.

In 2010, Karpal was charged after he said the removal of Nizar by the sultan, and the appointment of Zambry Abdul Kadir as the new menteri besar, could be questioned in court. - FMT