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Karpal's firm files to set aside sedition conviction

Despite the late DAP stalwart Karpal Singh having passed away last April, his firm today filed 10 grounds of appeal to set aside his conviction on sedition by the High Court in Kuala Lumpur.

The petition of appeal was filed with the Court of Appeal today by the firm's lawyer Zakiah Al Hayat, although the prosecution had also filed an application to withdraw its cross-appeal on the fine imposed.

Karpal was fined RM4,000 on March 11, after he was convicted of sedition for his comments on the  the Perak government change imbroglio in 2009.

The former DAP chairperson died in an accident on the North-South Expressway on April 17.

The grounds field by Karpal's law firm included an argument that the judge was wrong to rule the prosecution had proven its case beyond reasonable doubt, and that the attached press statement produced in the charge was seditious.

'Charge against Karpal defective'

The firm further said the sedition charge against Karpal was defective as it did not state under which section the intended seditious tendencies were, and the trial judge was wrong to consider that High Court was bound by decisions of the Court of Appeal.

The High Court had earlier acquitted Karpal of sedition but on appeal by the prosecution at the Court of Appeal, it ordered Karpal to enter his defence.

It further argued that the court was wrong in its decision as the Sedition Act itself is unconstitutional, and hence the charge was made without any basis and that in furtherance to this, Karpal had managed to prove the charge was unconstitutional.

The firm also said the court was wrong in not considering Karpal's defence, there were no seditious tendencies in the statement made, and the court did not consider the argument that the Sultan of Perak can be taken to court, and finally, that the court erred in imposing the RM4,000 fine despite the mitigation made.

No hearing date has been set for the hearing to set aside Karpal's conviction.

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