Hindraf legal advisor P Uthayakumar will have to face a sedition trial after the Kuala Lumpur Sessions Court today dismissed his application to strike out the matter.

Judge Sabariah Othman retained the charge after ruling that the defence had failed to show that the consent to prosecute from the Attorney-General was based on suspicion or prejudice.

p uthayakumar sedition trial 030209 01 Uthayakumar, presently being held under the Internal Security Act in Kamunting, had applied for the sedition case against him be dismissed on the grounds that the AG had acted with prejudice.

He further said that the AG's consent to prosecute him was invalid.

The matter will now be heard from Aug 3 for five days.

Uthayakumar was not in court today.

On Dec 11, 2007, Uthayakumar, 46, pleaded not guilty to publishing on the Police Watch website a letter from Hindraf addressed to British Prime Minister Gordon Brown at 10 Downing Street, which was said to have seditious contents.

The offence was allegedly committed at No.8-10-5, Menara Mutiara Bangsar, Bangsar, between Nov 15 and Dec 8, 2007. This was Uthayakumar's legal firm.

The charge under section 4(1)(c) of the Sedition Act 1948 carries a maximum RM5,000 fine or three years jail, or both, on conviction.

Deputy public prosecutor Raja Rozela Raja Toran appeared for the prosecution while Uthayakumar was represented by counsel N Surendren.

Uthayakumar was detained under the ISA on Dec 13 for activities linked to the Hindraf movement. He was detained along with four others, of which two were released last month.

The government banned Hindraf last October.

Judge to liaise with prison authorities

Surendran later told Malaysiakini that although their preliminary submissions were rejected, they would nevertheless go "all-out" to prove Uthayakumar's innocence when the case continues for full trial.

He said that Uthayakumar wants to have his day in court, and repeated that the charge was frivolous.

The counsel today once again asked the court to grant permission for Uthayakumar to be brought to the court from the Kamunting detention centre by prison authorities rather than police special branch officers as per the usual practice.

Surendran claimed that the special branch officers often teased and mocked Uthayakumar.

Prior to this Uthayakumar had expressed through his lawyers that he would not come to court until and unless the prison authorities accompanied him.

Justice Sabariah had earlier ruled that it was not necessary for Uthayakumar to be present at the trial.

However today she said that she would be liaising with the Kamunting detention centre to inquire if it was possible for the prison authorities to accompany him for the trial.