Karpal Singh, defence counsel for Al-Ma'unah leader Mohd Amin Mohd Razali on trial for "treason" at the Kuala Lumpur High Court, today filed an application seeking to have his client discharged on grounds that the 1975 Essential (Security Cases) (Amendment) Regulations (Escar) used to prosecute him and 28 others are invalid.

Lawyers representing the 28 others charged with Mohd Amin told Justice Zulkefli Ahmad Makinudin that they support Karpal's application.which was filed at the court registry this morning.

Zulkefli said that he will try to set an early date to hear Karpal's application.

Attorney-General Mohtar Abdullah, leading a six-team prosecution, said he has not been served a sealed copy of the application and that he needed time to study the matter and file affidavits in reply.

In his affidavit to support the application, Karpal said the prosecution should not use Escar as the regulations were ultra vires the Federal Constitution, thus making the trial a nullity.

He added that regulation 26 of Escar also gives right to an accused person as well as the prosecution to appeal to the Supreme Court, adding that this Supreme Court has been superseded by the Federal Court since June 1994 with the passing of the Constitution (Amendment) Act 1994.

"I respectfully state that the Supreme Court adverted to in regulation 26 of Escar does not exist any more ... there is an element of bewildering, uncertainty, nay, futility, in the regulations providing for a right of appeal to the Supreme Court which is non-existent," he said.

Karpal added that as such, regulation 26 was invalid, resulting in the invalidity of the entire Escar.

Karpal said based on this, the court should allow his motion to discharge Mohd Amin.

The 29 accused are charged under section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong, which carries the punishment of death or life sentence, or a fine, if found guilty of waging war or abetting to wage war in the country.

They are charged using Escar and not the commonly used Criminal Procedure Code.

They are alleged to have committed the offence between June and July 6 at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak ([#1] Twenty-nine Al-Ma'unah members claim trial [/#], Aug 9).

They are alleged to have stolen a cache of weapons and ammunition from two military camps by impersonating as army officers on July 2.

The six-member prosecution team was led by the Attorney-General Mohtar Abdullah while the 29 defendants were represented by about 30 lawyers.