Blogger Raja Petra Kamarudin's criminal defamation case will be heard at the Sessions Court and not the Magistrate's Court.

This follows a decision by the High Court today that the transfer of the case from the Magistrate's Court to the Sessions Court is not "illegal, void and contrary" to section Section 177 of the Criminal Procedure Code and did not violate Article 8 of the Federal Constitution regarding equality.

Judicial Commissioner Zainal Aznam Abd Aziz also ruled that the matter had no grounds and no merits for the case to be heard at the Magistrate's Court.

"I find the transfer of the case from the Magistrate's Court to the Sessions Court was legal and hence the case should be heard there," he said

raja petra criminal defamation charge 251108 "I also do not agree with counsel (Manjit Singh Dhillon) that the transfer of the case would result in a harsher sentence to be meted out if the accused is found guilty. Hence, the hearing should be done at the Sessions Court and not at the Magistrate's Court."

Raja Petra was represented by counsel J Chandra and Amarjit Singh Sidhu while DPP Anselm Fernandes is with the prosecution.

Appeal to be filed

Chandra indicated that they would file an appeal as he felt the matter involved the rights of a person.

"The matter should be decided as this is a constitutional issue on Article 8 regarding equality, as the fine accorded under the Sessions and Magistrate's (courts) differ," he said.

Raja Petra is charged under section 500 of the Penal Code which allocates a punishment of two years jail or fine. The problem is that if the matter is heard at the Magistrate's Court, the maximum fine that could be meted out is up to RM10,000. However, if the case is heard at the Sessions Court, there is no limit to the amount.

Raja Petra, 58, the editor of the Malaysia Today portal had on Nov 24 claimed trial to three charges of criminal defamation in the Sessions Court.

He was initially charged on July 17 in the Magistrate's Court with three counts of criminal defamation against the deputy prime minister's wife Rosmah Mansor, acting Colonel Aziz Buyong and Colonel Norhayati Hassan through a statutory declaration.

Raja Petra is alleged to have committed the offences at the High Court Civil 5 in the Jalan Duta court complex at 10.25am on June 18. He faces a maximum two-year jail term or a fine or both, if convicted.

In his statutory declaration , Raja Petra implicated Rosmah and the other two in the murder of Mongolian national Altantuya Shaariibuu.

However, on Aug 15, magistrate Nazran Mohd Sham decided to transfer the case to the Sessions Court following an application by Anselm.