The Penang High Court has dismissed PAS deputy president Mohamad Sabu’s fresh application to  dismiss a charge against him for allegedly uttering defamatory words over the Bukit Kepong tragedy.

Judge Mohd Amin Firdaus Abdullah, in making the decision, also ordered the ongoing trial of Mohamad, 57, in the Butterworth Sessions Court to proceed.

Mohamad’s lawyer Hanipa Maidin said the High Court dismissed the case because his client was unable to prove how the attorney-general had “discriminated” against him with the charge.

Hanipa said Mohamad, better known as Mat Sabu, will file an appeal by this week.

NONE “We asked that the court to exercise its power to refer the matter to the Federal Court straight away, but the court refused to do so,” Hanipa ( left ) told Malaysiakini .

Mat Sabu had made the application on grounds that the charge was contrary to Article 8 of the federal constitution related to the right to equality before the law.

When filing the case, Hanipa had said that his client had reason to believe that the AG and the public prosecutor have acted discriminatorily because only Mat Sabu was charged with uttering the remarks.

“ Utusan Malaysia , which printed Mat Sabu’s alleged defamatory remarks, should also be charged with criminal defamation under Section 500 of the Penal Code for printing his statements,” Hanipa had then told Malaysiakini .

pengukir nama johor mat sabu 050911 Mat Sabu was charged with defaming policemen and their family members who defended themselves in an attack by communist insurgents at the Bukit Kepong police station on Feb 23, 1950.

He was accused of uttering the remarks at a ceramah in Tasek Gelugor between 10pm and midnight on Aug 23, last year.

The charge under Section 500 of the Penal Code carries a two-year jail term or a fine, or both on conviction.

Mohamad faces an alternative charge of having defamed three policemen, namely marine constable Abu Bakar Daud and constables Jaafar Hassan and Yusoff Rono and their families at the same place, date and time.

The prosecution was conducted by DPP Suhaimi Ibrahim while Mohamad was represented by lawyers Aminuddin Zulkifli and Mohamed Hanipa Maidin.