The investigating officer in Karpal Singh's sedition trial told the Kuala Lumpur High Court that, despite corrections to the RTM transcript of the Bukit Gelugor MP's press conference, he was not satisfied with the outcome.

karpal singh and jalan duta court house Nevertheless, Assistant Superintendent Suhaimi Muhammad said the transcript was shown to his superior officers and representatives of the attorney-general’s (AG’s) chambers, who decided to use it to charge Karpal (left) .

Suhaimi, 36, the final prosecution witness, said while comparing with the video recording of the press conference, he noticed there was some deficiencies in the first transcript produced on Feb 20, 2009. Apart from spelling mistakes, questions posed by reporters had been omitted.

“I asked the two officers to re-do and correct (the transcript). The second one was handed back to me three days later. I checked the transcript again and found fewer mistakes,” he said.

“However, I cannot say that I am truly satisfied with the second transcript. When I compared it with the video recording, there are still some shortcomings. I cannot say it is complete.”

Suhaimi said he showed the transcript to his superior, one Assistant Commissioner Razali, and other senior officers. It was then submitted to the AG’s chambers.

“The AG’s chambers felt it could be used. Based on the transcript and the video, it was used as a basis for the decision to charge Karpal,” he said when replying to DPP Melissa Mohd Akhir.

Karpal, 69, is charged with making a seditious statement against the Perak sultan at a news conference at his office at Messrs Karpal Singh & Co in Jalan Pudu Lama in Kuala Lumpur between noon and 12.30pm on Feb 6, 2009.

malaysian law conference 291007 sultan azlan shah 1 This followed Sultan Azlan Shah's (right) appointment of Zambry Abd Kadir as the Perak menteri besar, amidst the ousting of the Pakatan Rakyat-led state government.

Suhaimi earlier told the court that 103 police reports had been lodged against Karpal, the DAP Bukit Gelugor MP.

"Most of the reports stated that the people were upset with Karpal's intention to sue the sultan as a result of the political chaos in Perak,” he said.

"I was told to investigate the case by my superior, Deputy Superintendent Lee Fong Kui on Feb 7. The case was classified as an act of sedition."

Suhaimi said he received the instruction following a report lodged by Tokong Umno Youth chief Jefri Salim, whose testimony was recorded yesterday.

In addition to the transcript, the police had also retrieved DVDs of the two RTM news bulletins and the original tape used in recording the press conference.

Continuation on May 7

Cross-examined by Karpal, Suhaimi admitted that he does not know Article 160 of the federal constitution, which provides for action can be taken against a Malay Ruler, or that Karpal’s comments were shielded by this provision.

Suhaimi also said he is not well versed with the Perak constitution and is not aware of its provision that allows the Ruler to bring matters of interpretation to the federal court for a solution.

NONE The investigating officer agreed with Karpal after he was shown a news report which quoted senior federal counsel Kamaluddin Md Said - when submitting in ousted menteri besar Mohammad Nizar Jamaluddin's case against Zambry - that the legal entity or party to the suit should have been the sultan.

He agreed with Karpal that he did not investigate all 103 police reports as these involved similar complaints.

On re-examination by Melissa, the police officer agreed that the investigation was carried out based on the complainants’ dissatisfaction with Karpal’s proposed action.

He also agreed that he could not say whether, in this case, Karpal had violated Article 160 of the federal constitution as the decision to prosecute does not lie with him.

The case continues on May 7 with the handover of negatives of photographs taken from the Perak protest on Feb 6, 2009, and submissions to close the prosecution's case.