VIDEO | 3.46 min

The High Court in Kuala Lumpur will on Feb 21 deliver its decision on the sedition charge against senior lawyer Karpal Singh, following his comments on the Perak government imbroglio in 2009.

Lawyer Gobind Singh Deo in his submission for Karpal said what the DAP leader had said then does not amount to sedition as he was not questioning the prerogative of the Sultan of Perak.

"What he questioned was the manner in which the ruler was exercising the prerogative, as at that time there was still no vacancy for the menteri besar's seat as Mohd Nizar Jamaluddin was still the MB.

"He was merely questioning the need of the sultan to appoint a new MB as the post was not vacated," Gobind ( left ) said.

Gobind further submitted that at that point of time it was not certain that the three letters of resignation of the three assemblypersons was valid or not and the matter had to be discussed in the state assembly.

He pointed out at Article 33 (1) of the Perak constitution states that if any question arises whether a member of the legislative assembly becomes disqualified for membership, the decision of the assembly shall be taken and shall be final.

The lawyer said although Karpal maintains that the sultan has the power to dissolve the state legislature and the prerogative to appoint a menteri besar, it could only be exercised in the circumstances after determination by the legislative assembly.

“As there was no determination at the said time, the sultan acted prematurely and, with respect, against provisions of the Perak constitution,” said Gobind.

Gobind further submitted that there had been selective persecution leading to the charge, as there were others who had said much more worse like Ibrahim Ali urging the burning of copies of the Malay language Bible, and complaints and reports made against Ridhuan Tee Abdullah and Zulkifli Noordin, but no action had been taken.

“This selective persecution is in violation of Karpal’s rights for equality under Article 8 of the federal constitution,” he said, adding that the defence had managed to raise serious doubts in the prosecution’s case and hence Karpal should be acquitted and discharged.

Karpal says beyond sultan’s prerogative

DPP Noorin Badaruddin, in relying on the Court of Appeal’s decision that ordered Karpal to enter his defence, said the court need not prove Karpal’s intention but must be satisfied that the statement made went beyond questioning the sultan’s prerogative.

She said the case of Zambry Abdul Kadir showed that the Federal Court recognised that the Perak sultan acted within the law.

Noorin further added that Karpal’s argument of selective persecution cannot be sustained as this High Court itself had rejected this application before when he applied for a striking-out of the charge.

Noorin said that the Karpal’s defence was mere denial and this cannot be accepted by the court and hence, the court should convict him as charged.

Justice Azman Mohamad fixed the date for the court’s decision after hearing submissions from both parties.

Karpal was charged with sedition on March 17, 2009, for his statement at a press conference on Feb 6, 2009.