Utusan reporter grilled at Karpal's sedition trial

Karpal Singh's sedition trial started today at the High Court with Utusan Malaysia reporter Mohd Nizam Mohd Yatim, the prosecution's first witness, being rattled by the grilling from defence councel Jagdeep Singh.

During cross examination, Jagdeep, repeatedly questioned Mohd Nizam on the contents of a press statement issued by Karpal which alledgedlly contained seditious words against the Perak Sultan.

He could not give definite answers and also appeared uncertain of the charges brought against Karpal.

An irate Jagdeep ( right ) pressed the witness on what transpired during the press conference where Karpal allegedly committed sedition.

Nizam told the court that he thought the "ultra vires" contained in a press release issued by Karpal Singh meant "to insult" the Perak Sultan.

Based on a report written by him and published by the newspaper, Mohd Nizam had been put on the witness stand by the prosecution to show that Karpal had committed sedition at the press conference.

The DAP chairman and Bukit Gelugor MP was charged with sedition on March 17 for saying Datuk Seri Nizar Jamaluddin's removal as Perak Menteri Besar by Sultan Azlan Shah could be questioned in a court of law.

The veteran lawyer-politician was charged in the Sessions Court in KL before judge Mohamad Sekeri Mamat under Section 4(1)(b) of the Sedition Act 1948.

Faces fine and a jail term

He allegedly committed the offence at his law firm Messrs Karpal Singh & Co in Jalan Pudu Lama at noon on Feb 6.

If convicted, he faces a maximum RM5,000 fine or three years jail, or both, under Section 4 (1) (b) of the Sedition Act.

At one point, lead prosecutor DPP Datuk Kamaludin Md objected when Jagdeep asked Mohd Nizam if he understood parts of the Perak state constitution, saying that it is not relavant to the case.

The High court later adjourned trial to tomorrow at 2.30pm as the prosecution has yet to receive several transcripts integral to the trial.

Karpal, who is represented by eight lawyers, told reporters after the hearing that the issue at stake is "fundamental and serious".

"I cannot say anything because the prosecution just called in one witness but there can be no doubt that this is politically motivated if you look at the charge, the transcript and my own statement.

Karpal said that it was an opinion requested by the Pakatan government in Perak at that time and that he had backed up his statement with cases to prove his point.

"Back in 1997, the detention order confirmed by the King was set aside by the court. My saying that the Sultan of Perak could be taken to court, I do not see in what way it is seditious," he said.

He also said that sedition is an outdated piece of legislation and that in most countries, the Sedition Act has been outlawed, repealed.

"I'm confident because I have done nothing wrong. Whatever statement I put up is backed by authority, by case law. In fact in one of those cases, the federal court held that confirmation by the King of a detention order under the emergency ordinance could be set aside by the court," he said

International observers

However, DPP Kamaludin stressed that the words uttered by Karpal are seditious and that they will prove it in court.

"Their defence would be those are legal matters, as put forward by the defence counsel to the witness. At the end of the day it is for the court to decide. I will call 18 witnesses.

"The transcription is with a RTM TV station journalist. Karpal's speech and press statement were produced in the form of a script. The issue now is they want to pursue the transcript, the basic charge. We will put it tomorrow if possible," he told reporters after the hearing.

Tom Danos ( right ),representing the Victorian Bar Council and the International Commission of Jurists, expressed satisfaction in the way the trial was conducted.

However, he said that international observers are not getting an official court interpreter.

"We came under the invitation of the Bar Council and they are providing us with an interpreter," he said.

Former chief justice of the Australian capital territory Jeffrey Miles, representing the International Association of Lawyers and the Commonwealth Lawyers' Association (LAWASIA), echoed Karpal's view that the Sedition Act is an outdated legislation and hoped that the trial will be conducted in a fair manner.

"The bar council expressed concern that one of its members have been prosecuted. We are happy to be at service," said Jeffrey.

Also present at the trial was John B. Lawrence, representing the Northern Territory Bar Association, Australia and the Criminal Lawyers Association of the Northern Territory of Australia, and Shubhaa Srinivasan, representing the Law Society of England and Wales.