Bukit Gelugor MP Karpal Singh filed an application in the High Court at Kuala Lumpur today to have his sedition charge struck out on grounds that the attorney-general did not exercise his prosecution powers fairly.

In his affidavit-in-support for the application, the veteran lawyer said worse things had been said by Members of Parliament taking part in the debate for a constitutional amendment in 1993 that saw the immunity of members of the royalty from legal prosecution being scrapped.

“There is  evident discrimination in this prosecution, despite there being clear and serious violations of the Sedition Act by the then-prime minister Dr Mahathir Mohamad, ministers, and other Members of Parliament, has rendered the prosecutorial discretion of the public prosecutor to charge me under the Sedition Act flawed...,” Karpal argues.

This, he said, is a violation of Article 8(1) of the federal constitution that guarantees equal protection under the law.

No immunity

Met outside the courtroom, the DAP chairperson added that there is no immunity from prosecution under the Sedition Act in parliamentary proceedings.

gobind singh deo jalan duta court 230409 07 In addition, he said he had asked the court on March 14 to subpoena Mahathir, then-attorney-general Abu Talib Othman, and the current AG Abdul Gani Patail, as witnesses for the application.

In court, Karpal's counsel Gobind Singh Deo (r ight ) also cited a recent Singapore Court of Appeal decision that there should be no discrimination on the AG's charges.

Asked by reporters, Karpal explained that while Malaysian courts are not bound by decisions of Singaporean courts, it still had "persuasive value".

Upon the request of both parties, judge Azman Abdullah agreed to adjourn the court until July 20 to allow deputy public prosecutor Noorin Badaruddin to prepare a response to the application.

Karpal was supposed to begin making his defence today on the charge under Section 4(1) (b) of the Sedition Act, which is carries a fine of up to RM5,000 or three years jail, or both, upon conviction.

He is accused of committing the offence by saying at his Feb 6, 2009, press conference that legal action could be instituted against the Perak sultan for his role in the state constitutional crisis earlier that year.