Lawyer Karpal Singh today filed an application to disqualify High Court judge Augustine Paul from hearing his sedition case due to the possibility of the judge being called as a witness in another case which Karpal is handling.

Karpal's application will be heard when his sedition trial begins on Jan 14. The trial was to have commenced today but was adjourned as Paul had another unfinished case before him.

In his affidavit to support the application, Karpal said he was acting for lawyer Christopher Fernando in an application for orders to expunge from court records certain remarks made by Paul against Fernando.

Karpal had also sought to initiate contempt of court proceedings against Paul over the remarks.

Karpal said Paul had made the remarks during former deputy prime minister Anwar Ibrahim's corruption trial in 1999. Fernando together with Karpal were part of the legal team which represented Anwar.

Karpal added he might call Paul as a witness and "may have to cross-examine" the judge in the proceedings which begins on Dec 13.

"Under these circumstances, it would not be right for justice Paul to preside at my sedition trial as there will inevitably be a real danger of bias or real likelihood of bias on his part," said Karpal.

Karpal, who is also the DAP deputy chairman, is alleged to have made a seditious statement while acting as lead defence counsel for Anwar in the same 1999 trial.

He told the court then that Anwar's health was worsening due to a high level conspiracy to poison the politician with arsenic. Karpal was charged for this statement in January last year.

No precedent

The case attracted much attention, both locally and internationally, as it is against the norm for a lawyer to face a criminal charge over a statement made in court in the course of discharging his duty as a lawyer.

Karpal was previously quoted as saying there was no precedent in the Commonwealth for such a charge "for the simple reason that all the time there is immunity as far as lawyers are concerned in the discharge of their duties in court".

Yesterday, human rights watchdog Amnesty International criticised the prosecution of Karpal, saying it will create serious implications for the independence of lawyers in Malaysia and their ability to carry out their duties free of fear of intimidation.

"The charges further undermine the already shaky public confidence in the rule of law and the administration of justice," said Amnesty in a statement.

Also present at the courthouse today were DAP national chairperson Lim Kit Siang, Bar Council chairman Mah Weng Kwai and his deputy Roy Rajasingham and the UN Special Rapporteur for Judicial Independence Param Cumaraswamy