KUALA LUMPUR: The High Court here dismissed lawyer Karpal Singh’s application to issue subpoenas against former prime minister Tun Dr Mahathir Mohammad, former attorney-general Tan Sri Abu Talib Othman and current attorney-general Tan Sri Abdul Gani Patail, in his application to strike out a sedition charge.
However, justice Datuk Azman Abdullah allowed the subpoena against Attorney-General Chambers (AGC) Appellate and Trial Division head Datuk Kamaluddin Md Said, which was issued by him on May 15.
Azman also dismissed Karpal Singh’s notice of motion to drop the sedition charge against him on the ground that the AGC’s office was bias in exercising its “prosecutorial discretion” in charging him.
With the court’s decision yesterday, Karpal Singh will take the witness stand on Nov 2 on the charge of uttering seditious words against the Sultan of Perak at his legal firm in Jalan Pudu Lama, Kuala Lumpur, between noon and 12.30pm on Feb 6, 2009.
Karpal Singh, 71, was alleged to have said that the Sultan’s removal of Mohamad Nizar as Perak Menteri Besar and Datuk Seri Dr Zambry Abdul Kadir’s appointment to the position could be questioned in a court of law.
In June 11, 2010, Karpal Singh was discharged and acquitted by the High Court at the end of the prosecution’s case, but was later ordered to enter his defence after the prosecution appealed the matter.
In his written judgement, Azman stated that the AG was empowered under Article 145(3) to charge or discontinue any criminal proceedings.
He said the AG was permitted to take into account public interest when deciding on the charges to be preferred against an accused.
Azman also said it was not for the court to compare the alleged seditious words uttered by Dr Mahathir during a parliamentary debate and words used by Karpal Singh during his press conference.
On the subpoena applications, Azman said other than Kamaluddin, the three witnesses (Dr Mahathir, Abu Talib and Abdul Gani) were not relevant witnesses and were not involved on the current charge faced by the accused.
On his decision to allow a subpoena against Kamaluddin, Azman said: “ This court agrees with the applicant’s contention that Kamaluddin is a relevant witness based on what he had told the court of appeal.”
Meanwhile, deputy public prosecutor Noorin Badaruddin told reporters that Kamaluddin will be filing an application to set aside the subpoena issued by the court.
Karpal Singh said he will file a notice of appeal against the High Court decision on Monday. — Bernama