The Federal Court today fixed July 17 to hear the merits of the prosecution's appeal in its sedition case against Sri Muda assemblyperson Mat Shuhaimi Shafiei.

It is appealing the decision of the Court of Appeal, which struck down the prosecution's case on grounds that Section 3(3) of the Sedition Act 1948 is unconstitutional.

Both the prosecution and defence have also informed the Federal Court that they will also re-visit the sedition case against Universiti Malaya's law lecturer, Azmi Sharom.

Former Federal Court judge Gopal Sri Ram, now a practising lawyer, and lawyer Latheefa Koya appeared for Mat Shuhaimi (photo), the Seri Muda assemblyperson.

The case management today was held before deputy registrar Syahrin Jeli Bohari.

Attorney-general Mohamed Apandi Ali had indicated, when leave was granted two months ago for this case, that he would be appearing personally for the prosecution.

Latheefa said both parties have agreed on the July 17 date, as suggested by Apandi, for the prosecution's appeal.

On Feb 22, a three-member Federal Court bench led by then Chief Judge of Malaya Zulkefli Ahmad Makinudin allowed leave for the prosecution to appeal the matter, after there was no objection from Sri Ram and lawyer N Surendran.

Three questions of law are to be answered in the case. The first is whether there was an abuse of the court process in challenging the constitutionality of Section 3 of the Sedition Act through a civil proceeding as the decision made by the Court of Appeal was on a criminal proceeding.

The second question is on whether the constitutionality of Section 3 of the Sedition Act 1948 cannot be challenged in the civil proceeding due to a prior similar challenge in a criminal proceeding and thirdly, on the constitutionality of Section 3 (3) of the Sedition Act.

Mat Shuhaimi, who is Selangor Menteri Besar Azmin Ali's political secretary, was in February 2011 charged in the Sessions Court in Shah Alam with posting an allegedly seditious article in his blog, srimuda.blogspot.com, on the appointment of Mohd Khusrin Munawi as the new Selangor state secretary.

The Court of Appeal subsequently ruled that Section 3(3) contravened Article 10 of the Federal Constitution on freedom of expression, and therefore it was invalid and unenforceable.

Justice Varghese George Varughese, who had written the unanimous judgment, said although Section 3(3) states that the intention of the person charged is deemed irrelevant, in the Court of Appeal's assessment, it was not to create a presumption that the accused could disprove.

The judge also said that Section 3(3) was in conflict with Section 505 of the Penal Code, where intent had clearly to be proven for any offence under the Penal Code.