Pension and other benefits entitlement remain with fine reduced judgement
The Court of Appeal, in a 2-1 majority decision, today
upheld the sedition conviction of the late lawyer Karpal Singh – ruling that it
was a serious offence involving the sovereignty of a ruler and his prerogative
powers.
Justice Datuk Mohtarudin Baki – who chaired a three-member
panel – said the court allowed Karpal Singh’s appeal against the sentence and
reduced the fine from RM4,000 to RM1,800, two months jail in default.
Lawyer Gobind Singh Deo, who also represented Karpal Singh,
said he welcomed the ruling and added that his mother would now be entitled to
his father’s pension and other benefits as former Bukit Gelugor MP.
Article 48(1)(e) of the Federal Constitution states that an
MP would be disqualified if he or she is sentenced to a jail term of more than
a year or fined more than RM2,000.
Justice Mohtarudin said the statements Karpal Singh made
were very disrespectful of a ruler of a state and sufficed to constitute an
offence under Section 4(1) of Sedition Act 1948.
In his 24-page judgement, the judge said it was also found
the statements by the appellant (Karpal Singh) did not fall under Section
3(2)(a) of the Act as they were far-fetched from only showing that the ruler
had been misled or mistaken in dissolving the state assembly and appointing a
new menteri besar.
He made the ruling after dismissing Karpal Singh’s appeal
over his sedition conviction. Justice Datuk Kamardin Hashim agreed with Justice
Mohtarudin while Justice Datuk Tengku Maimun Tuan Mat dissented.
On 21 Feb 2014, Karpal Singh was found guilty of sedition
and fined RM4,000 by the High Court for questioning the Sultan of Perak’s
action in removing Datuk Seri Mohammad Nizar Jamaluddin as the menteri besar of
Perak in 2009.
“It is most difficult to make this ruling (on sentence) but,
in view of the DPP’s submission, we set aside the fine of RM4,000 and
substitute it with a fine of RM1,800,” Justice Mohtarudin said, adding that he
had known Karpal Singh for a very long time, since 1978 when he was a
magistrate in Alor Setar.
In his judgement, Justice Mohtarudin also held that the conviction
against Karpal Singh was safe and he clearly had intentions in making such
statements which had a seditious tendency within Section 3(1)(a, (d) and (f) of
the Sedition Act.
“It was never denied that the appellant (Karpal Singh) had
acted in his capacity as a Member of Parliament and had given a legal opinion
based on his knowledge that he had in the legal field.
“However, it is noteworthy that in making any statement,
especially in a press conference against the ruler and his prerogative powers, one
has responsibility to be absolutely sure that it has no seditious tendency as
laid out by Section 3(1) of the Act,” said Justice Mohtarudin.
The judge said that the appellant’s continuous and repeated
averments that the ruler has no power and that he was not immune from being
taken to court only showed that he had crossed the line between uttering words
that are legally permitted and ones that have a seditious tendency.
He stressed that it was unreasonable for Karpal Singh, who
was from a legal background with vast knowledge of constitutional law, to have
come up with such statements.
Tengku Maimun, in her dissenting ruling, had set aside
Karpal Singh’s conviction and held that the trial judge had failed to
appreciate Karpal Singh’s sworn evidence over his defence in relation to his
statements.
“The High Court has failed to look at the appellant’s
defence independently,” she said, adding that Karpal Singh’s statements were
merely his legal opinion of public interest.
Earlier, in mitigation to have the sentence reduced,
Ramkarpal Singh said Karpal Singh, who was his father, had contributed
immensely to the development of Malaysian law, particularly in the area of
criminal and constitutional law.
DPP Awang Amardajaya Awang Mahmud had asked for an
appropriate sentence, saying Karpal Singh had crossed the limit of the Sedition
Act.
On 10 Nov 2014, the Court of Appeal allowed Karpal Singh’s
widow Gurmit Kaur, who is the administrator of her late husband’s estate, to
proceed with the appeal against conviction and RM4,000 fine for sedition
imposed by the High Court.
Karpal Singh was the Bukit Gelugor MP when he lost his life
at 73 in a road accident along the North-South Expressway near Gua Tempurung,
Perak, on 17 April 2014.
Source -Rakyat Post-
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