Karpal acquitted of sedition charge – defence not called


Prosecutor failed to establish prima facie sedition case against Karpal. He’s free! http://tweetphoto.com/26623554
Friday, June 11, 2010 3:25 PM

Great news recd in KB! Sedition charge agnst DAP National Chairman Karpal Singh dismissed by KL High Court – no defence called.
Friday, June 11, 2010 3:25 PM

Karpal acquitted – AG Gani Patail shd b censured in Parliament n Ct of public opinion 4bowing 2political pressures 2charge K 4sedition #fb
Friday, June 11, 2010 4:03 PM

Karpal acquitted on sedition charge
Christine Chan
Jun 11, 10

3:35pm Veteran opposition lawmaker Karpal Singh was today acquitted by the Kuala Lumpur High Court on a charge of sedition against the Perak sultan, after the prosecution failed to prove a prima facie case against him.

He was freed without his defence being called.

Karpal (right) was charged with sedition on the contents of his Feb 6, 2009, press conference, during which he said legal action could be instituted against the Perak sultan over his role in the state constitutional crisis earlier that year.

He was charged under section 4(1) (b) of the Sedition Act 1948, which carries a maximum fine of RM5,000 or a jail term of three years, or both, if found guilty.

Karpal on March 17 last year claimed trial to a charge of uttering seditious words at his office, Tetuan Karpal Singh & Co on Jalan Pudu Lama, KL, between noon and 12.30pm on Feb 6.

In his judgment, recently promoted judge Azman Abdullah said Karpal’s action did not amount to sedition as it fell under an exception provided by law.

“After scrutinising the statements to the press, I find that they fall within the exception in Section 3(2)(a) of the Sedition Act 1948,” judge Azman said.

The section states that it is not seditious to “show that any Ruler has been misled or mistaken, nor is it seditious to point out errors or defects in the government or constitution as established by the law”.

The judge said the prosecution had failed to prove the ingredient provided in section 3(1) of the Act that leads to the tendency to incite or to incite hate and disloyalty against a Ruler.

Judge Azman also brought up a few incidents from the press conference to illustrate how Karpal’s action clearly fell under the exception rule. Two instances were:

“In a video of the press conference, the accused said ‘But I’ll make it very clear, I got nothing personal in this matter, this is a constitutional matter’.

“Few provocative questions were asked of the accused but in his answers, he did not take the opportunity to blow up the issue.”

Representing Karpal were Jagdeep Singh, Param Cumaraswamy, Gobind Singh Deo, Teoh Lip Eng, Sangeet Kaur, M Manoharan, Ram Karpal and Ponmugan Ponnan.

The prosecutors comprised Noorin Badaruddin and Melissa Mohd Akhir while Rajpal Singh held the watching brief for the Bar Council.

Outside the court, the jubilant DAP national chairman was all smiles, thanking his lawyers and reminding all present that he had always maintained his innocence.

“What I have said is in accordance with the law. I have always maintained it, nothing untoward or illegal in what I had said,” the Bukit Gelugor MP told reporters.

Asked if he had expected to be acquitted, he replied that he had always thought there was nothing wrong with what he had said.

“Justice has prevailed” he added, after his wife Gurmit Kaur presented him with a colourful garland.

He said the fact that he had been cleared showed that there was some truth in his statements.

“The message is quite clear, a Ruler can be taken to court, that what I said is in line with the constitution,” he added.

Asked if he was going to celebrate, he laughed and said that there had been lots of calls for it.

“Of course, we must heed those calls,” he said, smiling broadly.

His son Jagdeep chipped in, saying the court decision was indeed a fine present for his father’s 70th birthday, which falls on the 28th of this month.

A total of 19 witnesses had testified in the trial, among them RTM television news deputy director Roslan Ariffin, Malaysiakini journalist Lee Way Loon and Utusan Malaysia reporter Nizam Mohd Yatim.

  1. #1 by Jong on Friday, 11 June 2010 - 8:44 pm

    There was no “sedition” in the first place!

    It was BN govt’s dirty political move to victimise and intimidate politicians from the opposition – an unnecessary waste of public money, how not to go bankruptcy in 9 years’ time?

    Go on Najib, dig a bigger grave, the rakyat can’t wait to bury BN/UMNO come GE-13. Remember we are watching your every move!

  2. #2 by HJ Angus on Friday, 11 June 2010 - 8:55 pm

    At least we still have a few good judges in the system.
    Karpal should sue the government for a trumped up charge.
    The ordinary cops can be excused for not understanding the English language and the law on sedition but the AG’s office?
    Quite a disgrace – simply acting for their political masters.

  3. #3 by boh-liao on Friday, 11 June 2010 - 9:36 pm

    It just shows our AG n AG’s Chambers lawyers r pua tan sai, no know d Sedition Act
    Trying 2 bully n scare ppl who also no know d Sedition Act
    But against d learned KS, habis lah AG n AG’s Chambers lawyers, their ignorance n bodohness kena exposed

  4. #4 by albert308 on Friday, 11 June 2010 - 9:42 pm


  5. #5 by Justitia on Friday, 11 June 2010 - 10:43 pm

    It’s good to see when justice prevails. Compliments to Judge Azman Abdullah. It was clear to everyone that there was no incitement on Karpal’s part merely rendering a legal opinion on the law. I cannot fathom how the AG and his department failed to comprehend that. As I recall, all the incitement were from UMNO and UMNO surrogates. What a waste of taxpayer money and waste of court resources and everyone’s time. Another reason why the BN has to be defeated and send to the garbage dump of history.

  6. #6 by ENDANGERED HORNBILL on Friday, 11 June 2010 - 10:59 pm

    Gani Patail again!

    Holy cow! This AG sure has the knack to stick his butt in all the wrong places.

    Question: When will Gani Patail get back to the straight and narrow?

    Answer: Not till ‘Resurrection Day’!

  7. #7 by ENDANGERED HORNBILL on Friday, 11 June 2010 - 11:11 pm

    Hello Gani, it is to your credit that the honourable judge did not say in his judgment what seems so obvious but, i guess, he did obliquely refer to you as well: Let’s face it, yr English must be horrendous not to know this difference in simple English and what is obviously 101 to a first yr law student. Ok, AG? Shame on you!

    “Well, today, a judge acquitted Karpal Singh without his defence being called because, according to the judge, the news reporters, key witnesses and police involved did not understand English and the meaning of sedition.”

  8. #8 by Jeffrey on Friday, 11 June 2010 - 11:28 pm

    In the first place Karpal has committed no offence. His statement (alleged) seditious by some quarters was not. He said the truth. As a lawyer he said what was the law. Recently promoted judge Azman Abdullah interpreted the law correctly as it should be.

    I would imagine that there were two inherent advantages to charge Karpal (even though it was plain that he committed no offence).

    Firstly it was to (indirectly) tell the detractors and right wing groups that government did what they expected – to charge Karpal for sedition but too bad our courts felt he committed no wrong in law. By this way government could deflect criticism of certain right wing groups of not being sensitive to their sensitivities. If the court thought otherwise that these were “over” sensitivities not in contravention of law and acquit Karpal, surely this had nothing to do with the government.

    Secondly to charge someone like Karpal who being senior lawyer obviously knows what is seditious and what is not – is to invite a sure acquittal and prosecution losing the case which is well compensated by propaganda value of demonstrating to many skeptics and detractors of the government that contrary to their expectations and allegations of a judiciary bias in favour of government, our judiciary is indeed “independent”.

    Sending Karpal to jail for sedition is not the desire or intent of the powers-that-be. He is not RPK. There’s no stake there, though he may be harrassed a little by an untenable charge. Acquitting him serves and provides more propaganda value and utility to government’s objective of improving its image that it does not control judiciary as widely alleged.

  9. #9 by frankyapp on Friday, 11 June 2010 - 11:50 pm

    Frankly Karpal should not be prosecuted in the first place. However I think he’s free because Najib may have forgotten to make a deal with the judge. If such case is true than Karpal should consider himself lucky.

  10. #10 by cseng on Saturday, 12 June 2010 - 12:24 am

    Under Gani’s leadership in the AG chamber, more comedies are lining up for show in M’sia court.

    The sedition trial for Karpal, an Utusan reporter by name of Mohd Nizam, explain that ‘ultra vires’ means ‘to insult’. That was wrong, ultra is a grade higher than super, like ultra man and super-man. Then, vires is virus in Bahasa, then ultra vires is one grade higher than super virus, kind of HIV, do you understand now, En Mohd Nizam, team Awang Selamat!.

    Then, we have some cross-x between the lawyers and witness in Rosli Dahlan’s Trial; as per link below;

    Read it, you will never regret!

    Now, we have the first hoole of Malaysia, the hoole that captured lots of M’sian attention, more than Stephen Hawking’s black hoole! the arsehoole of Saiful, in the coming months, more shiits/jokes are coming out from that hole, stay tunes.

    Want some fun don’t go cinema, come to court!.

  11. #11 by pwcheng on Saturday, 12 June 2010 - 1:16 am

    I agree very much with Jeffery why UMNO had to invoke the trump up charge. To please the right wingers and at the same time create an image that the judiciary is independent.
    This is a copied version of Mamak’s tactics of “sandiwara”.

  12. #12 by pulau_sibu on Saturday, 12 June 2010 - 1:46 am

    This is unimportant thing. What is the prosecutor doing?

    How about the missing jet engine? That is more important.

  13. #13 by yhsiew on Saturday, 12 June 2010 - 6:54 am

    Thank goodness, there are still respectable judges with a good conscience.

  14. #14 by Bigjoe on Saturday, 12 June 2010 - 7:33 am

    Actually I fail to understand why Karpal was being persecuting (not prosecuting) on this. The Lion of Gelugor is respected by all races and in large part across a wide spectrum of Malaysia, if the you go after Karpal, the reason must be so much better than any other case otherwise a large group will get angry. Karpal is no Anwar, he has earned his stripes for a long time- no less a national hero for all races.

    The reason given for this charge was so flimsy and the punishable sentence so heavy. It would have brought out anger next only to Hindraf in size and across all races.

    Whoever started this must have gotten feedback that politically speaking the mainstream administration would not get behind it. The fallout to this administraion would have been much more than its worth.

  15. #15 by SENGLANG on Saturday, 12 June 2010 - 7:53 am

    Beside win and loose another issue that we have to consider was that all the selective persecution is meaningless and purely waste of public fund and resources we just could simply have such a low quality persecution team just simply act on a donkey report and go ahead with it. We have to understand that this was what we say too much politic by the other arm of the democracy pillars. It was clear from the very beginning that there was not solid case against Karpal but the persecution chose to go ahead with it simply to play scare tactic and try to please someone and this was bad for all Malaysian. Considering the time and resources lost no wonder someone is saying Malaysia is going to bankrupt very soon instead of achieving 2020 advance country status

  16. #16 by Thor on Saturday, 12 June 2010 - 9:22 am

    Karpal’s case is only a small matter.
    It’s just an “eyewash” or “show” to entertain and to dupe us into believing that Umno has no control in judiciary matters at all.
    What about Anwar?
    Are they willing to throw the case out as prosecutor too have failed many of times to proved anything against him?
    It’s just a “kid’s show” so not the time to celebrate yet!

  17. #17 by boh-liao on Saturday, 12 June 2010 - 10:06 am

    Any legal newbie worth their salt would immediately know dat KS has committed no offence n is therefore innocent
    Dis whole charade of charging KS with sedition is a wayang, play play mah 2 inconvenience KS n his defence team, 2 keep KS on his toes
    D outcome is a no brainer forgone conclusion, dat KS is unchargeable, no offence, how 2 charge lah
    But d forgone conclusion is engineered 2 bring a FEEL GOOD reaction fr d rakyat dat d legal system in not all corrupt n under d command of UmnoB/BNputras
    Dat under NR, thank God/Allah, there is still FAIR PLAY n a decent judge around
    Msm go 2 town with headlines: KS acquitted of sedition charge, BN is a fair gomen n does not control d judiciary system
    4 UmnoB/BN, Dis whole charade is a great n cheap PR exercise
    Yeah, sooo easy 2 manipulate public opinion n 2 get ppl 2 b grateful 2 d great dictator
    N 2 counter d few on-going ridiculous trials in our kangaroo courts

  18. #18 by tunglang on Saturday, 12 June 2010 - 10:15 am

    Long Live Kapal Cannot Sink!
    You are the Bao Zheng of Malaysia. Your fight is the symbol of justice; fearless, just and uncorrupt. May God favour and bless you and your family abundantly.
    We Malaysians owe you the good fight for justice.

  19. #19 by son of perpaduan on Saturday, 12 June 2010 - 10:47 am

    YB Karpal should be charged for sodomy instead of sedition. AG Ghani and prosecution team making stupid mistake lah, sodomy charge is more convincing to the public, malaysia boleh ma..boleh kaw tim lor

  20. #20 by son of perpaduan on Saturday, 12 June 2010 - 10:52 am

    YB Karpal face can be found in a slot machine game by the name of Sea Ochestra, if you don’t believe me??? go to local gaming clubs, you can find his face all over the slot machines icon.

  21. #21 by k1980 on Saturday, 12 June 2010 - 12:03 pm

    YB Karpal should be charged for sodomy instead of sedition.

    You mean saiful is an expert at doing it wheelchair-style?

  22. #22 by undertaker888 on Saturday, 12 June 2010 - 12:06 pm

    why is katak ibrahim not on section charges? Why is mamak not on sedition charge for organising may13 rally and gambling away 100bil? Why is bodowi not on sedition charge giving away oil parcels?

    Karpal is a real Malaysian hero. Katak is not. Nik aziz is also a hero. zul with the fake skullcap is not.

  23. #23 by k1980 on Saturday, 12 June 2010 - 12:52 pm

  24. #24 by frankyapp on Saturday, 12 June 2010 - 1:56 pm

    Are Malaysians living in an up side down world ? Funny we have crooks and corruptors being knighted/received titles such as Datuk, Datuk Seri,Tan Seri and Tun and heros/heroines being arrested and put to jail. Franky are we really real ?

  25. #25 by dagen on Saturday, 12 June 2010 - 2:11 pm

    Errr where are those idiots who confronted karpal outside parliament hse and manhandled him over this issue?

    Lost their bola2 suddenly, ai? Kassim. Hoi Kassim and gang. Mana semua celaka tu?

    This case shows the true stupidity of umnoputras – their pure brainlessness.

  26. #26 by lee wee tak_ on Saturday, 12 June 2010 - 2:18 pm

    u wan sedition? put that Gertak thing on trial….at least it is already in the public opinion trial

    if a lawyer talks about law is considered seditious, then a doctor warning about cancer should be subject to scrutiny as well….

    a persecution built on a deck of old worn cards, political agenda perhaps a wee bit apparent?

  27. #27 by dagen on Saturday, 12 June 2010 - 2:24 pm

    Umno are stupid. They obviously thought charging karpal is a way to unsettle the opposition. “Keep on rocking them.” I can almost hear umno screaming in my head! Its an old weapon of theirs, actually. The weapon has already expired. Yeah. Lost all its utility. Now it is a liability, instead. A liability to umno. And needless to say, umno knew none of these. Every swing of that weapon would now produce beneficial results to pakatan; and not harm. Use of the weapon would only anger voters and voters would inevitably resolve their anger through the ballot box. Well thank you umno for causing and now quickening your own demise.

  28. #28 by grace on Saturday, 12 June 2010 - 6:47 pm

    Praise the good LORD that Kapal is not guilty. All along we knew he is innocent. It is stupid of those people who tried to twist the law to shut Karpal’s mouth.
    Karpal fights for the truth and powerless and we know it and more importantly GOD know it.
    The high court judge should be appreciated because they decide the case based on it. What I am worried is that they might appeal against the decision. if this case goes to higher courts, all laws fly thru’ the windows. What matter most then is that the power that be is pleased by the judgement.
    GOD protect Karpal and family always.

  29. #29 by Indran on Sunday, 13 June 2010 - 10:09 am

    Section 3(2)(a) of the Sedition Act 1948 states that it is not seditious to “show that any Ruler has been misled or mistaken, nor is it seditious to point out errors or defects in the government or constitution as established by the law”.

    “to prove the ingredient provided in section 3(1) of the Act that leads to the tendency to incite or to incite hate and disloyalty against a Ruler.”

    The law is clear. Governing party will always muddle this fact to instil fear and doubt in people so as not to point of errors or defect in their government. We need more Karpal Singhs in the parliament – many more “Tiger of Jelutong” are needed to combat against those who use violence and threats to instil fear in the common man. When the voice of ignorance or irrationality looms loudly, we need fighters to counter instead of rationalizing with them.
    God Bless Mr Karpal Singh and his family who are at the forefront of this war.

    Armchair critic

  30. #30 by boh-liao on Sunday, 13 June 2010 - 10:47 am

    Ppl must b educated 2 have confidence 2 speak out against d gomen n royal members if they did wrong things or r corrupt
    Doing so is OK n NOT anti-national n unpatriotic
    In fact, doing so IS OK, nationalistic n patriotic 4 1 loves d nation more than d transient gomen n royalty

  31. #31 by ekompute on Sunday, 13 June 2010 - 5:13 pm

    QUOTE: “Karpal acquitted of sedition charge – defence not called”

    Nothing but political harassment… UMNO is full of sh.i.t these days. A government that has no principles does not deserve to govern. Sooner or later, the karmic law of cause or effect will hit UMNO like a bolt that will send it reeling, with no hope of recovery. That day is coming nearer and nearer.

  32. #32 by johnnypok on Sunday, 13 June 2010 - 10:03 pm

    BN/UMNO digging their own graves, and they will suffer a painful death on earth, and will be burnt in hell for all the sins that they have committed.

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