updated version

In a surprise turn of events, the Attorney-General's chambers today withdrew its controversial sedition charge against prominent lawyer Karpal Singh on grounds of "public interest".

The move, in what appeared to be one of Abdul Gani Patail's first official decisions as attorney-general, was conveyed to the High Court this morning when the court sat to hear the case.

"Today, having reconsidered the circumstances and the representations, and taking into consideration the public interest, the public prosecutor is of the view that it is appropriate to exercise his discretion to discontinue and withdraw the charge against Karpal Singh," said Abdul Gani, who was appointed to the post on Jan 1.

Following this, justice Augustine Paul discharged and acquitted Karpal. The matter was originally fixed for hearing before the High Court judge for the rest of the week.

However, Paul directed that Karpal be referred to the Malaysian Bar's disciplinary board for allegedly making contemptuous statements against the judge at the onset of the hearing today.

"Biggest insult"

Karpal had applied that various foreign law organisations be allowed to be present to observe the judge during the trial, citing criticisms made by the Federal Court last year against Paul in the manner the judge handled Zainur Zakaria's contempt of court matter.

Karpal said the Federal Court had found that Paul's conduct during the contempt proceedings was more of a prosecutor than a judge. "The Judiciary should not be afraid of being the subject of observation. Your Lord have been found by the Federal Court to be more of a prosecutor...rightly, you should be tribunalised," said Karpal.

To this, Paul said that Karpal's statement was contemptuous and was an attack on the judge's impartiality.

"This is the biggest insult on the Judiciary. I cannot tolerate that," added Paul.

Karpal, who is the opposition Democratic Action Party's deputy chairman, was charged under section 4(1)(b) of the 1948 Sedition Act for allegedly making a seditious statement while acting as lead defence counsel for jailed former deputy premier Anwar Ibrahim during the latter's corruption trial in 1999.

The charge carried the sentence of a maximum of three years jail and fines up to RM5,000, or both.

Karpal had told the court then that Anwar's health had worsened "due to a high-level conspiracy to poison him with arsenic" during his prison detention. The lawyer was charged for making the statement in January 2000.

Public condemnations

The sedition charge was met with condemnation from various sectors, including international organisations, on the grounds that lawyers enjoyed immunity as to words and statements uttered in the court of law in the exercise of their duty as legal representatives of accused persons.

Abdul Gani said in his statement that the AG's chambers received numerous representations from domestic and international legal bodies soon after Karpal was charged.

"Various legal considerations have been raised in support of the representations. The public prosecutor, apart from those representations, has reflected upon the tense atmosphere and circumstances at the time Karpal uttered those words (the subject matter of the charge) which was made in open court," said the country's top prosecutor.

Abdul Gani explained that allegations made by Karpal then was baseless as "reports from experts of international standing revealed that the arsenic content was within the permissible level and was caused by the food consumed by Anwar Ibrahim whilst in prison".

"The tests and investigation showed that there was no impropriety attributed to the prison authority or anybody. The food was the same as provided to all people under detention. The public prosecutor viewed that the allegations made by Karpal went beyond the limit of defending his client for the case in the trial."

However, Abdul Gani said that after having reconsidered the circumstances and the representations, he decided to use his discretion to discontinue and withdraw the charge.

In an immediate reaction, Karpal welcomed the decision to withdraw the charge.

"It is a step in the right direction," he said, adding that a statement on the matter will be issued later today or tomorrow.

Further review

DAP chairperson Lim Kit Siang said the decision was a "pleasant surprise" and that it had won Abdul Gani the approval of the entire legal profession.

However, Lim stressed that Abdul Gani should not stop at this but review all controversial cases and withdraw all prosecutions which had plunged the administration of justice into a crisis of confidence.

Lim also said that the DAP was concerned with Paul's direction to refer Karpal to the disciplinary board.