The High Court dismissed today the application by Attorney-General’s Office, Appellate and Trial Division head, Kamaluddin Md Said, to set aside a subpoena to testify in Karpal Singh’s sedition trial.

Judge Azman Abdullah held that the court could not accept senior federal counsel Abazafree Mohd Abbas’s submission that his client Kamaluddin was not a relevant defence witness.  

“His submission that this witness cannot testify in defence of the accused is premature speculation. The court cannot conclude as such at this stage.  

“The court needs to allow the accused (Karpal Singh) to call on any relevant witnesses who can possibly help him in his defence,” he said.

Azman said that prior to this the court had dismissed Karpal Singh’s application to call on three other witnesses as their testimonies were not related to the essence of the charge against him and therefore irrelevant.   

Azman also referred to Karpal Singh’s submission during trial which referred to a newspaper clipping quoting Kamaluddin’s statement in court saying the sultan of Perak should be made a party to this case.   

“Therefore, if this witness (Kamaluddin) has an answer, justification or denial, he can make it in his capacity as a witness,” said the judge.

Following the court’s decision today, Karpal Singh will testify as the first defence witness on Nov 2, followed by Kamaluddin.

On Aug 30, Azman had dismissed Karpal Singh’s application to subpoena former prime minister Dr Mahathir Mohammad and former attorney-general Abu Talib Othman and attorney-general Abdul Gani Patail.

Karpal Singh had applied on May 15 to subpoena Kamaluddin.

On June 11 2010, Karpal Singh was discharged and acquitted by the High Court at the end of the prosecution case, on a charge of uttering seditious statements regarding the sultan of Perak at his law firm at Jalan Pudu Lama, Kuala Lumpur, on Feb 6 2009.  

But he was later ordered to enter his defence upon the prosecution’s appeal.

 

Karpal Singh, 71, allegedly said that the removal of Mohamad Nizar as Perak Menteri Besar and Dr Zambry Abdul Kadir ‘s appointment to the post by the sultan of Perak could be questioned in a court of law.  

- Bernama