The Federal Court has dismissed Karpal Singh’s review application to compel a fresh Court of Appeal panel to hear the prosecution’s appeal against his acquittal from sedition charges.

A five-member panel led by Justice Hashim Yusoff dismissed the application on grounds that there was no basis for Karpal’s claim of “coram failure” after hearing submissions from both party.

In his submission, Karpal said that Section 38 of the Court of Judicature Act 1964 stipulates that an appellate court should consist of three judges in the panel and failing to fulfil this will result in a “coram failure”.

Karpal argued that Justice Clement Allan Skinner, who heard the prosecution’s appeal, was not fluent in Bahasa Malaysia and this had constituted “coram failure”.

Skinner - a Burmese-born Sabahan - was among the three-member bench which heard the prosecution’s successful appeal against High Court Judge Azman Abdullah’s decision to acquit Karpal for making allegedly seditious remarks against the Perak sultan without calling for his defence.

Karpal had filed a review application to a separate Court of Appeal panel but this had been dismissed.

At the time, the Court of Appeal panel led by Justice Md Raus Sharif said that while Justice Skinner was not “fluent” in Bahasa Malaysia, he “understood” the language.

In his submission to the Federal Court, Karpal used Justice Md Raus’ judgment as his basis to argue for “coram failure”.

Karpal said a judge needed to be fluent in Bahasa Malaysia in order to comprehend the 105-page written judgment by Judge Azman.

“It is common knowledge that judges from East Malaysia, especially the older ones, could not understand Malay (well),” he said.

 

Deputy public prosecutor Noorin Badaruddin said unless Karpal has evidence to prove his claim, it would be unfair to Justice Skinner and would not be tantamount to “coram failure”.

‘Karpal merely expressing his belief’

 

She claimed that Karpal was merely expressing his belief.

 

Noorin defended Skinner by saying that he sat in the one-and-a-half day hearing and knew fully well the facts of the case.

 

She also said a “coram failure” happened when there is a judge absent in the panel or had retired.

 

“When judges are appointed, they are capable. No one can come out and attack (them) based purely on belief,” she concluded.

The other presiding judges were Abdul Hamid Embong, Zaleha Zahari, Zainun Ali and Jeffrey Tan.

 

On Feb 6, 2009, Karpal, 71, was charged with uttering seditious words against the Perak sultan.

 

He was accused of saying that the removal of Mohamad Nizar Jamaluddin as Perak menteri besar and appointment of Zambry Abdul Kadir as the new menteri besar, could be questioned in a court of law.

Karpal was charged under  Section 4(1) of the Sedition Act 1948. If convicted, he can be jailed up to three years jail, fined up to RM5,000 or both.

 

On June 2010, the High Court ruled the prosecution had not  proven a prima facie case against Karpal. This was overturned by the Court of Appeal.